Can I Be Considered Separated When We Sleep in Separate Bedrooms?

07/24/2009 - Divorce - State: NY #17795

Full Question:

My husband and I live in the same house but sleep in separate bedrooms for the past 10 months, with no intimacy for four months. In order to not avoid the other 5 grounds for divorce, he would like to separate for one year before filing. Is it possible to apply the 10 months of not sleeping together to the 12 months, thereby we only need to wait 2 months. To my knowledge, no paperwork has been filed by him. He is the one seeking the separation.

Answer:

Generally, a court will not consider a couple separated when they are living under the same roof. Separation means residing and sleeping in different locations at all times. Separate bedrooms in the same house do not constitute a separation. Cohabitation is not a term specifically defined by statute, but is typically considered the state of living together as if in a marital relationship. Conjugal relations is not necessarily required in order to find that a couple is cohabiting. It is possible to be considered still in a marital relationship despite sleeping in separate bedrooms.

Please see the information at the following links: http://lawdigest.uslegal.com/family-laws/divorce,-separation-and-annulment-overview/ http://lawdigest.uslegal.com/divorce/state-faq/7004/ http://lawdigest.uslegal.com/divorce/state-law-summary/4125/ http://definitions.uslegal.com/c/cohabitation/ Please see the forms at the following links: http://www.uslegalforms.com/divorce/new-york-divorce-forms.htm

07/24/2009 - Category: Divorce - State: NY #17795

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