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Can we count our time apart toward legal separation requirements?

Can we count our time apart toward legal separation requirements?

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.

Category: Divorce
Date: 04/07/2025
State: New York

Answer:

Generally, a court does not consider a couple separated if they are living in the same house. True separation means living and sleeping in different locations at all times. Simply having separate bedrooms in the same house does not qualify as separation. Cohabitation is not strictly defined by law, but it typically refers to living together as if in a marital relationship. Even without intimacy, a couple can still be viewed as cohabiting.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Is it normal for married couples to sleep in separate rooms?

Yes, it is becoming more common for married couples to sleep in separate rooms. This arrangement, often referred to as a 'sleep divorce,' can help couples manage different sleep patterns or personal preferences. However, it may also indicate underlying issues in the relationship. Open communication about the reasons for this choice is essential to ensure both partners feel comfortable.

What is a sleep divorce?

A sleep divorce is when married couples choose to sleep in separate bedrooms instead of sharing a bed. This decision can stem from various reasons, such as differing sleep habits, snoring, or personal space needs. While it can improve individual sleep quality, it may also require couples to address any emotional or relational concerns that arise from not sharing a bed.

Is sleeping in separate rooms bad for marriage?

Sleeping in separate rooms is not inherently bad for a marriage. For some couples, it can improve sleep quality and personal comfort. However, it may also signal unresolved issues in the relationship. It's important for couples to communicate openly about their needs and feelings to maintain a healthy connection, regardless of sleeping arrangements.

What happens when couples stop sleeping together?

When couples stop sleeping together, it can lead to emotional distance and feelings of disconnect. This change may indicate underlying issues, such as conflict or a lack of intimacy. It's crucial for couples to discuss their feelings and concerns openly, as addressing these issues can help strengthen their relationship and improve overall satisfaction.