I met someone over the past weekend who is going through a divorce. They “separated” 11 months ago but he only moved out last week, and they are on track to legally divorce very soon. He told me that because of the tough economic times, you are no longer “technically” required to live at different residences for one year. He said that he only had to sign an affidavit stating that they had not had sexual relations for a year. Is this true??? And if so, why is it not made public?
Does one of us really have to move out?
FBRICK
#2
**** I AM NOT AN ATTORNEY ****
I’ve heard of people doing this. What they are actually doing is lying about their true separation date. It’s a way to get a quickie divorce by skirting the law.
FBRICK
#4
**** I AM NOT AN ATTORNEY ****
I’d say that they are breaking the law.
A lawyer will answer this shortly, I’m sure.
kag109
#5
** NOT AN ATTORNEY I asked a similar question and was advised that usually the only exception is when you live in the same house and it has seperate quarters with its own entrance… such as a room or apt above the garage or something similar. If you sign something stating you were physically separated earlier than you actually were, it is perjury and should not be done. Not having relations would not satisfy the requirment of physical separation.
Thank you to everyone who answered. Yes, you have to move out. Parties have to live separate for a year before you can file for divorce (year and a day actually), so stating a date that is other than the actual date on a divorce complaint to get around this requirement is perjury. I have never heard of an affidavit as suggested by the person that you spoke to.