If I separated well over a year ago, but let my stbx move back in for a brief period (6 months), do I have to wait another year to file for absolute divorce? Can I file now? There was a separation agreement signed during the separation.
You must wait one year from the date you ultimately ceased living together (after the six month period of cohabitation ended).
- Does redpony need a new separation agreement or is the previous one still valid?
- What if you separate but let your spouse spend the night from time to time, e.g. for family events like birthdays? Does this restart the 12-month clock?
It depends what the separation agreement language stated regarding the consequences of a reconciliation.
Separation with periodic overnights does not necessarily restart the clock so long as the parties do not intend to resume living together as husband and wife.