Separation Date


#1

I believe that the original date of Oct. 4th would be the date to use.
See definition below:
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#2

Although stepmother makes sense, I don’t believe that is true. If your wife lived with you, as in ANY overnight stay during that time, then it starts over. If you let her come back and stay for a week, then for that week you were living as husband and wife. If she had just come over and hung out or even just came over to have sex then Oct 4th would be the date.


#3

You may be right so hopefully an attorney will respond because to me staying overnight does not necessarily constitute renewal of the marriage relationship. I could see where ANY overnights stay would warrent the separation starting over if there is a separation agreement stating that there are to be no overnight guests of the opposite sex except immediate family. Without that then there is nothing saying that an overnight or even several overnights in a row aren’t considered isolated incidents of sexual intercourse, especially if the wife didn’t participate or become involved in the family again during that time. To me it the part in the definition that says “as shown by the totality of the circumstances” is the part that Bernie may have to work with.


#4

Dear Bernie:

Greetings. No, once you moved back in together with an intention of trying to work it out, then the last date she lived with you is the date of separation. Good luck.

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.


#5

I’m pretty sure it starts over. I was subjected to an Ex Parte Order in November (which I defeated in court). I was legally thrown out of my home, I couldn’t speak to my wife, I couldn’t contact my wife (directly, indirectly, or through thrid party), or even visit my own neighborhood. So, I was relegated to a hotel room until the hearing. When the order was dismissed, I could have legally asked for the keys to my home and lived in the house and she could not have done anything about it. The separation date on the paperwork that she served me was October 31. I was told by my attorney that the date of separation would change if I spent 1 night in that house with her regardless of sexual relations. All we need to do is spend the night together in the house.


#6

That is sort of what I said, but not totally. The law states that isolated incidents of sexual activity do not create a 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.


#7

my wife basically left and abandoned me and 3 kids on Oct 4, 2006. Since then. on 2 occasions I let her come back for about a week in hopes it would turn around, but she would not participate or cooperate with family and left again. Does the separation date start over or stay at original date?