Abandonment and Seperation


#1

At the urging of our marriage counselor I have moved out of our house with the understanding that this will give each of us a “cooling off period” and then we would come back together.

We still have our joint account and my salary pays for all the family (we have three young children) bills. Am I at risk for her claiming abandonment?

Also, since I am out of the house has the clock started on the 1 year separation requirement even though we do not have a legal separation agreement?


#2

If the two of you agreed in counseling that you would move out, she may not allege abandonment.
Unless one or both of you have the intention to remain living separate and apart permanently the time clock for the one year period of separation required to file for divorce does not start. Keep in mind it may be your spouse’s intention (even if secret) that the separation be permanent, and if so, then the clock has started to run.


#3

Thank you for the response.

While the move from the house was agreed upon in counseling there is no agreement in writing. Is this a factor?


#4

You will be allowed to testify to the actual circumstances if this becomes and issue.


#5

Is the counselor permitted to testify about anything said in counseling or is everything off limits?


#6

What is said in counselling is privileged , but if the court determines that the information is necessary to make a determination it can be allowed in.

You can also call and expert, one who has not dealt with child specifically, to testify as to the effects of autism gererally.


#7

If I were to move back into the house, how long do I need to be there (in a seperate room etc.) in order to reset the clock on the 12 month rule?


#8

If you move back into the home with the intention of resuming the martial relationship the clock restarts upon your reconciliation.