1. Separation for One Year
If a husband and wife have separated with the intent of
ending their marital relationship and have lived separate and apart for one
year without resuming their marital relationship, either may file for divorce,
provided one of the parties has been a resident of the state for at least six
months. Spouses living in the same house are not living separate and apart.
Whether there has been a resumption of the marital
relationship during the separation period will be determined by all of the
circumstances. Isolated incidents of sexual intercourse during the separation
period will not be considered a resumption of the marital relationship.
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