I filed for divorce, my husband still wants sex, can this delay the divorce?
3 attorney answers
I would say that you are two consenting adults and can do as you please. This will not delay your divorce, as previously stated, you can both still find it impossible to live together as husband and wife.
The only issue it may raise is the actual date of separation, if there is an issue with assets such as retirement accounts.
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I like what my collegue has stated in the first answer to this question. I also must disagree to some extent. If both parties to a divorce proceeding allege "incompatibility" and that is not denied by either one, then the court can award them a divorce. Divorcing spouses can have sex and still be unable to live together as husband and wife in a marriage due to incompatibility. But, some courts inquire whether the couples have engaged in intercourse within the last 30 days prior to the divorce hearing. Why? To make sure that there is no pregnancy prior to granting the divorce. Some courts might require that the couples actually live in a separate residence at least 30 days prior to the hearing. The court's greatest concern is to make sure the wife is not pregnant at the time of the divorce hearing. Other than that, no one cares or wants to know.
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Your question is not complex from a legal perspective. Yes, in most states, there must be a "bona fide state of separation" and even require a divorce petition to be dismissed and refiled if the parties have "reconciled", and having "marital relations" is often specified as being considered reconciliation. So, yes, having sex can delay the divorce proceeding to a final divorce. Bigger question I suggest you address (on your own or with a trusted counselor, not really an attorney) is why you would want to have sex with your husband when you felt sufficiently strong to file for divorce.
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