If marital relations are resumed within the 12 month separation period, does that mean the separation period starts over?
It used to be that any marital relations would cause the separation period to start over. The law was amended in 1987. It now focuses on the ‘totality’ of the circumstances. Isolated incidents of sexual intercourse are not viewed as resuming marital relations, unless the circumstances show that there is also a resumption of other marital activities.
