I’m sorry but no. The only affect on the separation would be if you began living together again as if you were married and resumed the marital relationship. It may be only a technicality that your ex is still living at a separate address from you but it would still qualify as separation.
If your ex is staying overnight with you on these occasions, it’s possible that could show an attempt to reconcile…
yes, I have been staying overnight…
Yes, at this point you have probably already negated the separation.
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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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
my wife and I have been separated since August 2007. we have recently started sleeping together for the past 2 months at least 3 to 4 times a week. im against the separation, she is not.
should our sexual encounters continue, will they have any affect on the separation legally?
I know cessation of sexual intercourse is a requirement. If cessation has not occurred…but he denies it, how do I prove that it continued? It boils down to his word against mine basically…
The parties would contest the date of separation and there would be a hearing/trial. The judge would hear the sworn testimony of both parties as to what they think the date of separation is and why. With no other evidence, it would become a creditability issue for the judge based on each party’s sworn testimony.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.