Sex After Separation

There is a law where you must be separated, living in a different residence, for one year prior to the finalization of the divorce. If you sleep with your (soon to be ex) spouse, under our law, during a time of misunderstanding or dispute, it is considered that you have forgiven any wrongful act committed.

When it comes to getting a divorce, it is important that you know the basic procedural laws that need to be followed. Under our law, there is a one-year statutory period for separation before a party can file a divorce complaint against the other spouse. This simply means that the married couple must be living away from each other for at least one year in order to properly institute a divorce action. Non-compliance of this requirement will prevent the court where the divorce complaint will be filed from acquiring jurisdiction over it. In fact, the said complaint may be dismissed outright.

If you are planning to secure a final divorce decree against your partner, it is important that you move out of your conjugal dwelling or let the other party do such thing. It is not really necessary that all communication between the two of you will be severed. What is needed is that there must be a fact of separation. Constant meetings with your soon to be ex-husband or ex-wife may still be made especially if its purpose is to discuss matters concerning the children.

The question that you probably have in mind right now is whether sleeping with the other spouse during the one-year period for separation will be prejudicial in your case. It must be noted that under our law, having sex with the other partner during separation constitutes an act of condonation. In other words, once you sleep with your husband or wife during a time of misunderstanding or dispute, it is considered that you have condoned or forgiven any wrongful act committed by the latter.

Nonetheless, the effect of sex during the separation is still subject to the discretion of the judge who will hear the divorce complaint. It would also depend whether the sex between the parties have become habitual or not. If the sexual act between the separated married couple happened only once, it is more likely considered as a mistake and will not have an adverse effect on the future divorce action. However, if it has become habitual, the opposite may happen especially if the said act was performed in the conjugal dwelling or family home of the spouses.

If all these matters are still unclear to you, feel free to talk to your divorce lawyer. He or she will be more than willing to discuss the effect of having sex after separation. Just make sure that you can trust your lawyer and be honest in all your dealings with him or her.

For Immediate help with your family law case or answering any questions please call (262) 221-8123 now!