A year and a day...all over again?


#1

My husband and I separated around Sept '08. It was my intention at that time that the separation be permanent. It ended up though that we reconciled and he moved back into our apartment around July '09. My main reason for attempting to reconcile was because he assured me that infidelity was not an issue during that period of separation. He swore that he had not been with anyone else. Well, it turns out that he lied. I found this out about a month ago. At this point in time, we a preparing to go our separate ways once again. It will definitely be permanent this time. My question is, can I count those previous months of separation toward the ‘year and a day’ being that I was deceived or must I wait another 366 days before I can file for divorce?

Thanks.


#2

Unfortunately no, the law requires that you live separate and apart continuously for a year, without having resumed cohabitation before you can file for divorce.