Does having sex require the divorce process to start over?

divorce attorney Jill DuffyQuestion:

My wife and I are in the middle of a divorce. We unfortunately had sex during an emotional breakdown while we were separated.

Will this affect the divorce case in any way? Do we have to start the whole divorce process over since there is supposed to be a set amount of time we are to be “separated” before the divorce can be granted?


In most no-fault divorce states, a brief reconciliation by the parties will not prejudice the case at all.

It appears that for a no-fault divorce in your state (Tennessee), you have to allege that you and your wife have irreconcilable differences and have lived apart for two years. It is unlikely that one night together would evidence intent to reside together again.

Do not rely on this information as establishing an attorney-client relationship. Contact an attorney immediately for assistance.

Cordell & Cordell represents men in divorce nationwide.


Jill A. Duffy is an Associate Attorney in the Troy, Mich., office of Cordell & Cordell. She is licensed to practice in the state of Michigan. Ms. Duffy received her BA in Psychology and Spanish and graduated Magna Cum Laude from Oakland University. She received her Juris Doctor from Michigan State University College of Law and graduated Magna Cum Laude.

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