Also known as: separated and apart · living separate and apart
Written by attorneys · grounded in primary & secondary sources — see below
A condition in which spouses maintain separate residences. This condition supplies objective evidence that the marriage is irretrievably broken under no-fault divorce statutes.
Jordan moved across the country for a new job and rented an apartment there while Alex stayed behind and rented a separate apartment. They maintained separate homes for eight months and argued bitterly over work and finances before Jordan filed for dissolution. The court found the marriage irretrievably broken because the spouses had lived separate and apart for more than 180 days.
Jordan moved into a separate apartment six months before filing and alleged serious marital discord with no reasonable prospect of reconciliation. Taylor opposed the petition and pointed to ongoing couples therapy and occasional overnight stays at the marital condo. The court granted dissolution because the statutory grounds of separation or discord were satisfied.
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After a physical altercation Carlos moved into a trailer behind the repair shop and lived there for more than a year while Dana remained in the marital home. A brief three-week attempt to reconcile ended in renewed arguments. The court found the marriage irretrievably broken on the basis of the extended separation and ongoing discord.
Martin moved into a separate apartment across town after an argument over household finances while Jackson remained in the marital home. The spouses continued working together daily at their jointly owned company. Martin petitioned for dissolution after seven months and the court found the marriage irretrievably broken.
Amanda moved into a tiny home on a remote conservation site after repeated arguments over work assignments. Griffin stayed in the marital home and the spouses had no overnight visits for 210 days before Amanda filed for dissolution. The court found the marriage irretrievably broken on the statutory separation ground.
Robert and his spouse lived in separate residences for three years but engaged in isolated acts of sexual intercourse during that period. Robert petitioned for divorce under the statute requiring three years of living separate and apart. The court held that the isolated acts did not defeat the claim because the spouses had maintained separate households with intent to dissolve the marriage.
No. Occasional overnights or limited contact for business or attempted reconciliation do not automatically restart the statutory clock or negate the separation when the spouses maintain separate residences and at least one intends to end the marriage.
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Evidence that the spouses have maintained separate residences for more than 180 days immediately before filing, together with facts showing cessation of the marital relationship such as separate households and financial independence, supports the finding.
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Yes. The statute allows a finding of irretrievable breakdown on either the separation prong or the alternative prong of serious marital discord that adversely affects the attitude of one or both spouses toward the marriage.
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…Code section 5118. In 1972 section 5118 was amended to provide that the earnings and accumulations of both spouses "while living separate and apart from the other spouse, are the separate property of the spouse." [^maj-8]: Defendant also contends that the contract is invalid as an agreement to promote or encourage divorce. (See 1…