Legal Question in Family Law in Pennsylvania

Hello,

I'd like to know if there is a legal way to declare the marriage over while still resding in the same home, at least temporarily. We cannot afford to maintain separate residences at this point.

My wife has refused all intimacy, including sex, for 7 months. In over 10 years of marriage, we have never shared a private marital bed, our son always between us for the first six years, she sleeping in his room for the last 5. Prior to this, I was "lucky" to be graced by her affections once or twice a month, even though we are relatively young (under 50), healthy and attractive. She also refuses to legally change her name from her ex-husband's to mine, and will not seek any help or counseling. Lastly, she will not discuss our troubles but has promised written communication with her intents for this marriage for over 3 months, with nothing forthcoming as of yet. Every attempt of mine at soliciting input is met with sarcasm, hostility and more delay.

I have taken my vows seriously and do not wish to be considered an adulterer, but I don't see how I can withstand these conditions much longer. Neither of us has been unfaithful, as far as I know.

So again, can something be acomplished, legally, that allows us to begin planning for a new life while still cohabitating until we afford to split? In particular, something that would free us of our marital vows and allow me to escape the brand of adulterer? I would do nearly anything to save this marriage, but she is unwilling to try and I have reached my limits.

Any suggestions are greatly appreciated.


Asked on 12/19/09, 11:28 am

1 Answer from Attorneys
John Davidson Law Office of John A. Davidson

Well according to the law you're not cohabiting. There are two elements of Cohabiting both of which must be occurring:

1) Living together? Yes

2) Doing it? No

So for starters you haven't been cohabiting.

You need to file for a divorce.

If you have any questions feel free to contact me. The initial consultation is free.

{John}

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Answered on 12/25/09, 5:41 pm


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