Frequently Asked Questions

The divorce statute specifically states that, Isolated incidents of sexual intercourse between the parties shall not toll the statutory period required for divorce predicated on separation of one year.? A married couple has resumed marital relations during the period of separation if there is a voluntary renewal of the husband and wife relationship, as shown by the totality of the circumstances. In applying this standard, our courts have looked at the actions of the couple in holding themselves out as man and wife as well as the intent of the parties. In the end, if a married person wants to satisfy this requirement of the law in order to obtain a divorce, he should dwell separate and apart from his spouse for the separation period and avoid any conduct which is indicative of marriage.