Separation, back together, and separated


#1

I think you can still use the prior separation agreement if all is still agreed to but would need to have it updated for the new date of separation. You don’t HAVE to use it since the separation became void when you two reconciled.
"A party defending against an action that includes allegations of marital fault also has certain common law affirmative defenses to the fault allegations. These defenses have technical names: condonation, connivance, collusion and recrimination. The most commonly used of these defenses is condonation, which stands for forgiveness of the particular fault. For example, if your spouse has engaged in illicit sexual behavior with someone else and then you have sex with your spouse knowing about the illicit sex, in the eyes of the law you may have condoned the fault"
I am not positive but I believe that since she condoned the affair by the above example, she would no longer be able to use it for alimony. She may still be entitled to it if she is dependent spouse but the duration of it may be determined as you did before “…until she found a job.” instead of an undetermined amount of time due to the affair. As I said though, if the prior separation agreement is still agreed to, then have it updated for the new date and use it. You may want to look at your separation agreement to see if there is a claus in it about reconciliation.

See this from home page:
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#2

Dear howlingwolf:

Greetings. Nice name! Is it a court order or a formal separation agreement?

I cannot answer the questions until I know what type of document you have and also what the language of the document says about the reconciliation. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

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.


#3

My wife and I were separated during the summer for three and a half months because she wanted time away to decide if she wanted the marriage after she found out I had an affair. We went through the court system and had a formal separation agreement drawn up with joint custody, visitation rights, and post separation support until she found a job.

Now that she has been home for the past four months, she is ready to leave again because she says she can’t get over what has happened in the past. I have been the perfect husband and I’ve done everything I’ve suppose to do, but I can’t change her if she is not willing to do any form of marriage counseling.

My question is;
Do we have to abid by all of our previous arrangements since they were court approved through mediation?

Does my wife still have the right to try and get alimony?

And lastly does Condonation come into play since she has forgiven me for my infidelity which happened over a year ago?