Legal Question in Family Law in Kentucky
divorce
in the state of kentucky can you file for a divorce if you are still having sex with your spouse even though you have been separated for over 60 days
Asked on 4/16/07, 5:11 pm
1 Answer from Attorneys
Gregory Napier
Troutman & Napier, PLLC
Re: divorce
You are not supposed to do so. The main reason is because the court is interested in knowing whether there is a potential child of the marriage on the way. Separation, in this instance, is not strictly defined as living apart since you can still reside in the same house. It is about not having sex or sharing the same bed.
On a practical level, if you are still having sex, can you honestly say the marriage is irretrievably broken?
Answered on 4/17/07, 9:39 am
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