If there is a suspicion you may have had an extra-marital affair, it may be wise to delay dating until your case is settled or you are officially divorced.
Evidence of post-date of separation conduct can be used to prove pre-date of separation conduct.
Still, you need to make sure that you meet the legal definition of “separation.” State law mandates that you and your spouse must actually live separate and apart for at least one year before you are eligible to file for divorce.
If you live in separate areas of the same house, this does not satisfy the requirement.
When a person says that they want a legal separation, it is important to determine what the goal or need is, if any, beyond merely separating physically.
As soon as a married couple reconciles their differences and either moves back in together or makes the decision to no longer live separately apart, the clock stops on the one-year period.
Yes, that is a long time, especially for those who have been in an unhappy marriage for several years prior to the separation.
Let’s consider the following issues to help you determine what may be the best choice for you.
Am I going to be required to pay pss or alimony, and, if so, how much? " Remember all throughout school when everyone told you, "There's no such thing as a dumb question"? The most important thing you can do right now is be informed.
Isolated sexual intercourse with your spouse is not considered reconciliation.
However, if you move in together, go out in public together and have regular sexual intercourse, it would likely be considered reconciliation.
If you live in separate houses but maintain the appearance of a relationship, this will not satisfy the requirement either.
Additionally, if you reconcile with your spouse, the separation period ends.