Do I have to be separated from my spouse for a year to get a final divorce?
A: Not in all cases. If the ground of divorce is adultery, sodomy, buggery, or conviction of a felony resulting in a prison sentence of more than one year, there is no statutorily prescribed separation period**. For a divorce based on cruelty, desertion, or reasonable apprehension of bodily harm, you need to be separated for at least one year to be awarded a final divorce.
A divorce can also be granted based upon intentional separation for a period of one year without proof of any fault on behalf of either party. Also, where the parties to a divorce have no children under the age of eighteen AND a separation agreement, the required period of separation is six months. In any case where a period of separation is required, the separation must be continuous for the entire period and must be accompanied by an intention to make it permanent at the commencement of the separation period.
**Note, however, that a number of other statutory conditions DO apply to the granting of a divorce on these grounds.
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