If you do not meet the criteria for a fault-based divorce, you will need to file for a no-fault divorce based on one year of continuous separation. This means that spouses must live apart for a full 365 days before the court will grant a final divorce. During this period, they cannot reside in the same household or engage in sexual relations.
Each time a couple “reconciles,” the separation period resets. For example, if one spouse moves back in for a few days to attempt reconciliation, the one-year countdown starts over. Similarly, engaging in sexual relations while living apart may also restart the clock.
If your situation is unstable and you need legal protections while awaiting the one-year separation period, you may consider filing for separate support and maintenance. This process includes a temporary hearing (with a $25 filing fee), where a judge can issue an order outlining rules both parties must follow. While this is not a divorce filing, it can later be converted into a divorce at the final hearing stage. Consulting an attorney is strongly recommended if you are considering this option.
If you have already lived apart for one year, your divorce process may move more quickly since the waiting period has already been satisfied.
