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Case Notes

PA Court Determine Couple's Date of Intent to Separate

In Pennsylvania, where a two-year separation must occur before divorce may be granted (see 23 Pa.C.S. ' 3301(d)), a court has determined that a couple who lived apart and yet had sexual relations were separated for purposes of the divorce statute. KB v. KB, PICS Case No. 16-0629 (C.P. Lycoming April 22, 2016) McCoy, J. (5 pages).

The husband told the wife to move out of their home after an argument on Aug. 23, 2013. He then sent her a letter in October 2013 informing her that he was beginning divorce proceedings on the 10th of that month. After that, the parties never lived together or commingled their finances, and they each had sexual relationships with others ' just as they had done during their marriage. They also continued to have sexual relations with one another. The husband filed for divorce in September 2014. The wife claimed, however, that the parties had reconciled and had attempted to share a residence in 2015.

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