Proof of living apart?


#1

My soon to be ex-husband travels for work 4 days per week. We are working out a plan to trade off so that when he is here, I’ll leave and stay with family or a hotel or whatever. Also, we have a vacation home and either of us can spend time there. We do not intend to spend time under the same roof. The thought of renting a second home just to “officially” be separated seems silly. What can I do to set myself out as separated that will hold up? I already have my own bank account, I can move my mobile to my own account, anything else? I don’t want to do this for a year and be told I can’t get a divorce. Thanks for any advice.


#2

You can certainly allege that you are separated under the plan you have proposed, but your spouse could always contest the date of separation. For that reason we typically advise that you actually live in separate residences (not share the same residence and rotate who stays there). Legal separation occurs when you live in separate residences with the intent to remain living apart.