Question on continued seperation


#1

Dear javelinamx72:

Greetings. There is no brightline test for when reconciliation occurs. Reconciliation is usually a cumulation of factors which show that the parties have resumed the marital relationship. The key here to me would be if either party was going to say that they reconciled after one of these visits. If not, no worries. If so, then the repercussion may be that we restart the clock from the day wife leaves again. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorcecom
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

Thanks Janet,
But seems things have gotten worse in my friends life. Due to actions taken by the husband she has been forced back to the county she moved from to be able to have joint custody of her kids. Being that this was something unexpected and so quick, she is now living in this home again. Will this have any bearings on her seperation. I am just concerned about all the work she has put into this for her to lose it from something of this nature.


#3

Dear javelinamx72:

Greetings. Do you mean that she is living in the marital residence again? If so, the repercussins are that she may be seen as reconciling with her spouse. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#4

I should have been a bit clearer, but in my haste to find out what would happen, I forgot to include some things. She is temporarily stayin in the residence until she can get a job and her own place. It shouldnt be a permanent arrangment. Would staying in the residence on a temporary basis be considered a reconciliation?


#5

Dear javelinamx72:

Greetings. Yes, this may be seen as a reconciliation. A reconciliation is determined by looking at the entire situation, on a case by case basis, usually after the parties have lived together. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#6

Thanks ever so much Janet,
But I have another question, as it seems there may be a grey area in all this. If she moves out after only being in the residence for a month, but still maintaining her residence in Raleigh, and she hasnt moved any of her belongings into the residence (she lives out of her car) and professes that she was only there for the children and not to reconcile with the spouse. Which way, in your opinion, would the courts see this time spent at the residence?
Thanks once again Janet, you have been a BIG help!!


#7

Dear javelinamx72:

Greetings. Yes, it is a grey area - or better yet an area which is up for interpretation on a case by case basis. If she is sleeping at your house, she is “living” there and not out of her car, even if she takes her stuff back and forth every day. If there is not a resumption of the marital relationship and you do not spend time together as a family, then I cannot imagine that she could allege it is a reconciliation, but that would depend on her perception of things. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#8

A friend of mine has been seperated from her husband for over one year now. She moved out of town and goes back to visit with family and with her 3 kids from the marriage. When she returns to her hometown her kids beg her to stay the night in the home that she left. Will spending the night, with the husband being under the same roof, cause a rift in the seperation? What repercussions can come from this?