As of July 1, 2026, two important changes have gone into effect. First, a spouse may now file for divorce immediately upon a separation that is intended to be permanent without having to wait through a lengthy separation period. Under the pre-existing divorce law, a divorce suit could only be filed immediately for fault-based circumstances: in the event of adultery, cruelty, or desertion. Otherwise, spouses with children had to wait a full year of separation before filing; or, if for spouses without children and with a settlement agreement, six months. Second, adultery that occurs after the last date of separation is no longer actionable and can no longer be a bar to spousal support. Under the old law, adultery occurring after the parties were living separate and apart could still be the foundation of a claim for divorce and to bar the other party from seeking alimony or spousal support. Pre-separation adultery is a valid cause for divorce and can still be used to bar spousal support and alimony.
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Two important changes to divorce law go into effect: no more waiting period required before filing; and post-separation adultery is no longer actionable.
July 1, 2026
