How Long Must I Be Legally Separated Before I Can File For Divorce?

In some states you need to sign and file papers in order to be “legally separated.” In others that is not a requirement. In order to establish that you are separated for the purposes of obtaining a divorce, you must:

  • Not reside under the same roof with your spouse
  • Not engage in sexual intercourse with your spouse for the entire period of the separation through the date the divorce is granted.

The length of time you must be separated in order to file for divorce depends on the grounds for divorce and the jurisdiction where you reside

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