Divorce and Vacation

My kids are going on vacation with my wife. We are in the process of divorce. I was supposed to go but since all this has transpired things of course Vance changed. She has been staying with her parents. The kids want me to go but I’m not sure how that will work with the whole being separated a year. Also, could she use that at a later date to say “he went on vacation and things seemed happy again now he’s wanting a divorce!!!” Thoughts?

A resumption of the marital relationship and a resumption of holding yourself out to the public as being together and married and performing the usual, routine duties of Husband and Wife is enough to re-start the one-year separation period.

To go on one vacation as a family for a finite amount of time, without knowing more, would probably not be enough to re-start the one-year separation period but you do not want to put yourself in a situation where this argument can be used which as the potential for you to wait another year for an absolute divorce and restart with valuing the marital assets and marital debts for equitable distribution. If you have acquired assets during the separation period, you will want to keep these as your separate property and not risk them having to be valued in the marital estate.

The safest option is to not go on the vacation.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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