A legal dissolution of marriage granted after a prolonged period where spouses have lived apart, demonstrating a clear intention to end the marital relationship. This extended timeframe, specifically five years in some jurisdictions, serves as evidence that the marriage has irretrievably broken down, precluding the need to assign fault to either party. For instance, if a couple resides at separate addresses, maintains separate finances, and does not function as a marital unit for a continuous five-year span, they may be eligible to pursue this type of divorce.
This pathway to ending a marriage offers several advantages. It streamlines the divorce process by eliminating the burden of proving fault-based grounds, such as adultery or abuse. The prolonged separation period provides ample opportunity for both parties to adjust to living independently and to make informed decisions about their future. Historically, such extended separation periods were established to ensure that divorce was not sought impulsively, but rather reflected a considered and enduring desire to end the marriage.
