Me and my wife have been separated since august 2016 then in February 2017 we started talking and She allowed me to come and see our kids and spend the night at 2 nights a week. At the time I was living in sc so it was a 2 hr drive for me and was doing it twice a week.Then 1 week went by and we started have sexual relations again while I spend them 2 nights there heck I’ve even bought lingerie for her several times and this has been going on for three months. Even when I’m not there she calls me and face times me every night to talk.we have even gone out on dates together and I’m still hanging out with here and our kids and this has being going on since February 2017…I’ve since moved up here to hickory to be close to my wife and kids thou we still live separated but I’m over there a lot seeing her and my kids and helping her out. Plus there is no separation agreement in place…My ? Is does this start the yr separation start over again?
Your separation period will likely need to start over if you intend to proceed to an absolute divorce. It would start over from the time that you separated with the intent to remain continuously separate and apart.
While isolated incidents of a sexual relationship will not start over the separation period, your situation seems to be more than isolated incidents. Further, representing yourself to the public as having resumed the marital relationship will also cause the separation period to start over.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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