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25-Jul-2016 17:17

Adultery has been defined as “voluntary sexual intercourse between a married person and someone other than the person’s spouse.” (Black's Law Dictionary) If a party claims and proves that his or her spouse committed adultery, the court can grant the divorce right away.

The law is not completely clear about how adultery relates to same-sex marriages.

A 12-month separation is a “no fault” ground for absolute divorce.

Before filing for divorce, the spouses must have lived separate and apart without cohabitation (living together or having sexual relations) for 12 months without interruption.

This means that the spouses' separation agreement will become a part of the official divorce decree, and will be legally enforceable.

The rest of the grounds for divorce are fault-based grounds, and discussed below.

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