Contested Separation Date and Intention?


#1

What can a spouse gain by contesting the date of separation and the intention of the other spouse that the separation was “intended” to be permanent?

Are there any legal definitions of what “intention” means, or any requirements that the intention has to be agreed upon to be valid?

Can a spouse stop an action for Absolute Divorce by contesting either of these?


#2

The spouse wishing to divorce would testify with regard to their intent to separate permanently. About the only way to stop a divorce is to show up at the hearing and contest the date of separation.


#3

Thanks for your response, but I need to clarify - The defendant has already contested the separation date in the answer/counterclaim. Now what happens at the hearing? The date of separation is a fact.The spouses reside in different states 2,000+ miles apart. More than one year and a day elapsed before filing. Plaintiff has been a resident for more than 6 months. As far as I know, all requirements have been met. Are you saying that the defendant can show up in person at the hearing, contest the date with just their word and the divorce is “stopped”? Not just delayed? On what grounds can the divorce be stopped? Is there some other rule or statute that I’m missing?


#4

NOT AN ATTORNEY

The STBX may show up and contest the date of separation, but if you show, rental contracts, utility receipts, and have witnesses will to speak on your behalf saying that on that date (or shortly thereafter), you resided in your own separate residence 2000 miles away from the ex, the judge will plainly see through what is going on. From my experience, judges have a keen way of ferretting out the BS from what is really going on since they see this kind of thing day in, day out. Just make sure you provide some kind of evidence.