In re Marriage of Dowd
Appellate Court of Illinois for the Second District
573 N.E.2d 312 (Ill. App. Ct. 1991)
Thomas Dowd's wife (plaintiff) moved out of their marital home in 1985, then returned in 1986 but slept on the couch; the couple still shared occasional dinners, but only for their son's sake. In 1988, she filed for no-fault divorce under an Illinois law requiring spouses to have lived 'separate and apart' for at least two years — this was her third divorce filing during the marriage. The circuit court granted the no-fault divorce. Dowd (defendant) appealed, arguing the statute required physical separation, which hadn't happened since they were living under the same roof.
Whether the state of living separate and apart for purposes of a no-fault divorce proceeding can be satisfied without physical distance between the parties.