With Jon and Kate Gosselin having separated and announcing they are getting a divorce, varying accounts have surfaced regarding the legality of their separation.
There's a report floating out there that Kate Gosselin has been separated for two years from Jon. That is actually untrue, and the reason why is as follows.
There are two grounds for a no-fault divorce in Pennsylvania:
- Waiting 90 days after the papers are filed. If the Gosselins agree that the marriage is "irretrievably broken" at that point, a divorce can proceed.
- That they have lived separately and apart for two years. That doesn't necessarily mean they've been separated for that long in reality. It means she must wait two years from the moment she considered the marriage over and began "living separately" (if only in different rooms).
In filing for divorce, Kate selected both of these options.
Sources say the real separation between Jon and Kate is very recent, but Kate checked off both to get the clock ticking on dissolving the couple's union.
Why would she check both boxes? Because Jon may not agree that the marriage is irretrievably broken. If that's the case she has to wait the two years.
So by checking both boxes, Kate is hedging her bets. Ultimately, she would have to prove to the judge when she considered herself separate from Jon.
Jon and Kate Plus 8 is on hiatus until at least August 3.