How Long Should a Husband and Wife be Separated?

According to most states, the day you stop sharing a room with your spouse and the day you stop engaging in physical marital interactions with them mark the start of your separation. For the purposes of your divorce, the later of those two will be your date of separation.

In-home/same-roof separations

Most individuals are aware that a couple may be deemed separated if one of them vacates the marital residence. Most people are unaware, though, that there are several states that also have something called a “in-home separation” or “same roof separation.”

Even though you and your partner are not physically married, you are still considered to be with them if you sleep in the same house and on the same bed. However, some states will also take into account sleeping in a different room inside the same home.

This is mostly due to the fact that most couples are not able to afford to maintain two separate homes while their divorce is still pending and their bank accounts have not yet been split. As a result, divorcing spouses are frequently forced to live together for a while.

Therefore, if your state requires 30 days of separation before granting a divorce, you might be able to accrue those days while residing in separate apartments within the same house. This could make it possible for one or perhaps both spouses to save the money required once the divorce is finalized to buy their own separate homes.

Your spouse’s physical relationship with you may impact the length of your separation.

The most crucial aspect of the separation time that divorcing couples frequently overlook is the requirement that they cease having physical contact with one another during this time.

Unbelievably, a lot of divorced couples maintain their physical attraction to one another and engage in sexual interactions for the duration of the divorce. However, each time they do so, they are essentially restarting the necessary separation period.

Every time they have married relations while their divorce is pending, they are essentially restarting the separation clock from zero, even if they are living in different homes. Because of this, the actual separation requirement might be understood as a certain amount of time during which you and your husband are not intimate.

If you and your partner had sex while your divorce was still ongoing, you might be wondering how anyone could find out. Occasionally, before the divorce is formalized, one party may persuade the other to try one last time. They then use this break to postpone a divorce that they are unhappy with or do not want, reporting back to their lawyer or the court on it.

Speak with a nearby family law attorney for more specific details on how long you should be apart in your state.