Can husband sleep at our house while we are separated?


#1

My husband and I have been legally separated for 2 months. If he sleeps at the house once in a while does that violate a separation? Put us back to square one with the 12 month NC mandatory separation rule? Thank for your help.
Marie


#2

Not an attorney

Your husband sleeping over on occasion does not void a separation UNLESS he moves back in or you RESUME a marital relationship… then it starts over.

Have you both considered marriage counseling ?
Who knows maybe yours can be reconciled…


#3

I would avoid any overnights. Either party can make arguments that the marital relationship was resumed, and the more evidence they have (like overnight visits) may allow the judge to question the true date of separation.