My soon to be ex husband and I argue over our separation date. I moved out of the house in August 2011( We lived with my in laws) and from August 2011 to December of 2011 we tried to make it work but in Dec we stopped trying. I never at any point moved back in with him but don’t want to get divorced and he is thinking about going to counseling with me. With all that being said who is right and if I am right, what do I have to have to prove so to the court if we do go through with a divorce?
not an attorney
The rule for separation is that the one year and a day clock starts when you are living separately with the intent to stay separate and apart. So, if you were BOTH actively trying to make things work until December 2011, and then decided to call it quits, then the clock would start in December. If ONE of you had the intent to remain separate and apart starting in August 2011, then that would be the date to start the clock.
The separation date for purpose of divorce requires separation with the intent to remain separate and apart. If you both worked together to reconcile then that is not separation for purposes of divorce.