What is a two-year separation divorce?
If one spouse will not consent to the divorce, the plaintiff (the spouse who wants the divorce) must wait until the couple has been separated for two years, unless there are fault grounds for the divorce. (Very few couples pursue fault divorces because of the added cost and the uncertainty of the result). The statute requires the couple to live “separate and apart” for the two-year period. This is possible even if they are still in the same house. The court will sign the divorce decree as soon as the plaintiff has filed an affidavit of the two-year separation and the couple has divided their property .
