Mutual and Voluntary Separation Law and Legal Definition
Mutual and voluntary separation in the context of divorce means both parties agreed to separate, and that they did so without any coercion or threat, and that they intend to end their marriage. Mutual and voluntary separation requires voluntariness on the part of both parties. The requirements for mutual and voluntary separation may vary from state to state. For example, in District of Columbia, mutual and voluntary separation is a ground for divorce and legal separation from bed and board. According to D.C. Code § 16-904 (a) a divorce from the bonds of marriage may be granted if both parties to the marriage have mutually and voluntarily lived separate and apart without cohabitation for a period of six months next preceding the commencement of the action. Likewise, a legal separation from bed and board may be granted if both parties to the marriage have mutually and voluntarily lived separate and apart without cohabitation.
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