Simple English definitions for legal terms
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Definition: Living separate and apart refers to a situation where a married couple is living away from each other, with at least one spouse intending to end the marriage.
This is one of the grounds for no-fault divorce in many states. If the couple has been living apart for a specified period, they can file for divorce without having to prove any wrongdoing on either side.
For example, if John and Jane have been living in different cities for the past year, with no intention of reconciling, they can file for divorce based on the grounds of living separate and apart.
Another example could be if a couple has been living in the same house but leading separate lives for a certain period, with no intention of reconciling. In such a case, they can also file for divorce based on the grounds of living separate and apart.
The concept of living separate and apart is important in divorce law as it allows couples to end their marriage without having to prove any fault or wrongdoing. It also provides a way for couples to move on with their lives if they are no longer compatible or happy together.