Separation Date

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).

  1. Does redpony need a new separation agreement or is the previous one still valid?
  2. 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.