Also known as:live separate and apart · lived separate and apart · living separately and apart · separate and apart
Written by attorneys · grounded in primary & secondary sources — see below
A basis for no-fault divorce consisting of spouses living away from each other with at least one spouse's intent to dissolve the marriage. The phrase supplies objective evidence that a marriage is irretrievably broken when the separation exceeds a statutory period such as 180 days or when it coincides with serious marital discord.
Sources & Authorities
How it applies
Common Examples
6
Cross-Country Apartments Satisfy Period
Landon Long moved across the country for a remote job and rented an apartment there while Lena Lawson stayed in their original city and rented a separate apartment. For eight months they slept in different homes but argued bitterly about work hours and finances. Landon petitions for dissolution alleging the marriage is irretrievably broken. The court finds the statutory ground met because the parties maintained separate residences for more than 180 days immediately before filing.
Overnights Do Not Erase Separation
Luna Lang moved into a separate apartment exactly six months before filing a verified petition for dissolution. The petition alleges serious marital discord and no reasonable prospect of reconciliation. Lamar Lewis opposes citing ongoing couples therapy and Luna's occasional overnight stays at the marital condo. The court grants the petition because the move to a separate residence for more than 180 days satisfies the statutory ground despite the therapy and visits.
Select any source to read its text and confirm it supports the definition.
Uniform Acts
Restatements
Course Outlines
Dictionaries
Factory Collaboration Does Not Defeat Claim
Leah Lamb moved into a separate apartment across town seven months before filing. Laura Lewis remained in the marital home. The spouses continue to work side by side at their jointly owned manufacturing company and take occasional business trips together. Heated arguments during management meetings have escalated and Leah alleges verbal abuse. The court finds the marriage irretrievably broken on the basis of both the prolonged separation and the serious discord.
Trailer Residence Meets Statutory Threshold
Landon Long accepted a long-term construction assignment and moved into a company trailer at the remote job site. He remained there continuously for 210 days while Lena Lawson stayed in the marital home in another state. They filed joint tax returns and attended family holiday gatherings but had no overnight visits. Landon petitions for dissolution alleging the marriage is irretrievably broken. The court finds the separation ground satisfied by the extended physical distance.
Brief Reunion Fails to Restart Clock
Luna Lang moved into a trailer behind the repair shop after a physical altercation with Lamar Lewis. They lived apart for more than a year until Lamar stayed at the marital home for three weeks and shared a bedroom. Frequent arguments resumed and Luna promptly filed for dissolution. Lamar opposes claiming the reunion shows the marriage still has potential. The court grants dissolution because the extended separation and renewed discord establish irretrievable breakdown.
Remote Site Move Supports Breakdown Finding
Leah Lamb moved into a tiny home on a remote conservation site after repeated arguments over work and finances. Two hundred ten days later she filed a petition alleging the marriage is irretrievably broken due to serious marital discord. Griffin Lang stayed overnight on most weekends and the parties collaborated on a joint blog but emotional distance persisted. The court finds the marriage irretrievably broken on the statutory grounds of separation and discord.
Common questions
Frequently Asked
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Does living in the same house ever satisfy the living separate and apart requirement?+
Some courts hold that spouses have lived separate and apart even though they live in the same house provided they maintain separate bedrooms and cease marital relations. Other courts require separate residences. The Uniform Act focuses on whether the separation plus intent to dissolve the marriage demonstrates irretrievable breakdown.
Supporting sources
Does a brief attempt at reconciliation restart the statutory separation period?+
A short period of resumed cohabitation does not automatically erase an otherwise qualifying separation when the attempt fails and conflict resumes. The statute measures the period next preceding commencement of the proceeding and treats isolated reconciliation efforts as consistent with an overall finding of irretrievable breakdown.
Supporting sources
Must both spouses agree the marriage is broken for the court to grant dissolution?+
No. One spouse may petition and prove irretrievable breakdown by showing either the requisite period of separation or serious marital discord with no reasonable prospect of reconciliation. The court decides the issue even over the other spouse's objection.
Supporting sources
Do continued business dealings between spouses defeat a claim of living separate and apart?+
Ongoing business cooperation does not negate the separation ground when the parties maintain separate residences and the personal relationship has deteriorated. Courts distinguish business arrangements from resumption of the marital consortium.
Supporting sources
560 U.S. 1 (2010)Conflict of Laws
…the phrase “and, in particular, the right to determine the child’s place of residence” to refer to a freestanding right separate and apart from the rights related to the care of the child. I do not agree with this view of the text, nor did the Convention’s drafters: “The Convention seeks to be more precise by emphasizing,…