I see. Thank you for clarifying that for me, John.
A no fault divorce would typically require that you are separated from your spouse for at least a year and not cohabitate, so it could be difficult to obtain a no-fault divorce if your spouse contested your allegation that you have met that criteria.
Cohabitation depends on the facts of each case and has not been defined in the statestatutes, but the courts have typically found that "cohabitation" depends on the facts in each particular case. Ordinarily, isolated acts of sexual intercourse, unaccompanied by other aspects of living together, would not constitute cohabitation.
To obtain a fault based divorce, it is not necessary to show that you have been separated for any length of time typically, but you would have to allege that your spouse has engaged in extreme cruelty, adultry, or one of the other fault-based grounds listed on the following page:
It is possible to show that you have not cohabitated even when living under the same roof if you do not have sexual intercourse, or do not live together as husband and wife.
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