Will the one-year separation start over if my spouse and I resume marital relations?
Sexual relations are but one factor to look at when determining if spouses are living separate and apart. For this reason, it is quite clear that one instance of sexual relations will not count as a resumption of living together. As long as you do not resume living in a marital relationship for more than 90 days or for several periods that add up to more than 90 days you do not have to wait another year to get a divorce. This time of attempted reconciliation will still count toward the time you are separated. This gives the incentive to try and repair your marriage without the threat of delaying your divorce. Marriage counseling may be helpful in a reconciliation attempt. In fact, lawyers are required to recommend reconciliation and counseling to their clients.