After you and your spouse have lived separate continuously for one year, without resuming the martial relationship, either of your may obtain an absolute divorce. Attempts at reconciliation marked by isolated instances of sexual intercourse will not automatically end the period of continuous separation. However, instances of sexual intercourse and nights spent together may add to the totality of circumstances sufficient to cause a court to find that you have voluntarily renewed the marital relationship. Should a court so find, the twelve-month clock will be reset.
The entry of an absolute divorce terminates your rights to alimony and equitable distribution of marital property unless you have filed such a claim before the entry of an absolute divorce. If we proceed with your absolute divorce without asserting claims for alimony or equitable distribution, or if we do not assert such claims in responding to your spouse’s divorce suit it is because of your instruction to us that you do not want us to assert such claims. If you have any questions about this, please ask us immediately and in all events prior to the entry of your absolute divorce.