My husband and I were seperated on June 17th, 2012. Legal Separation papers were filed and signed by both. Against my better judgement, on Feb 17th, he came here and stayed for 6 nights, only brought a few clothes with him, nothing else. He was living with parents, sleeping on a couch. I felt sorry for him. I thought we may could work on getting back together. I told him no sex and we had none. He stayed in a seperate bedroom. I realized during this time why we had separated to start with. Today I asked him to leave and he did. My separation agreement has no clause as to reconciliation. I do not consider this as being a reconciliation because we did not reconcile, it was only 6 days. Are my Legal Separation Papers void? I have been told by my previous attorney that not being seen out in public as man and wife and no sexual relations and only being together in the same house for that short a time, I can resume as legally separated. Come divorce time in June, my ex to be has the right to contest saying we did live together for 6 days and then its up to the judge whether to grant the divorce. If he doesnt contest, its automatic divorce. Attorney believes divorce will be granted either way. During this separation agreement, I was not given the alimony I was to get. There was other property involved also, not real estate, that I did not get that was stated in the agreement to get. Everything in the house was to be mine, he removed things I have not gotten back. So he has not lived up to the separation agreement. When I tried to have the agreement enforced was told it would cost me $7000 to go to court, but I may get that back if I won in court because of wording in agreement, he may have to pay my court costs. I could not afford that if i lost and never went to court and enforced the agreement. Nor did I have the money to put up front to my attorney. My attorney is now telling me that if I want to take him to court to enforce the agreement it will be $1,500. I feel as though my attorney is out to make money, and not give me correct advice. I feel my attorney may be lying to me just to get more money out of me. I need to know if this Legal Separation is still valid, I dont want to go to court, and lose because it isnt, and be out my money. I was also told that a deed to my home, transferred to my name at time of Legal Separation, he is still valid no matter what. True? My main concern is whether Im still Legally Separated or not and can proceed with my divorce in June. Thank you for your time and help. I want to do this the right way.
It sounds like your attorney gave you good advice as it relates to the date of separation and potential divorce. The issue is whether the 6 days equates to a resumption of the marital relationship, restarting the clock on the one year period for your separation prior to divorce. It would require your husband to contest the divorce, and then the facts would be presented to the judge for a decision on the matter. There are no hard and fast rules about reumption of the marital relationship, so this is left to the discretion of the court.
So at this point, I have no idea whether Im still legally separated on not? The only way I can find out is to go to court to try to get the things I was suppose to get according to Legal Separation Agreement which would probably only stir the pot. Or wait until divorce time and file for divorce and if husband doesnt contest I will be granted my divorce. If he does contest, then its up to the judge to determine whether those six days determined that we were still married and my one year had to start over on Feb. 17th.
Unfortunately, the issue of resumption of the marital relationship is up for the judge to decide. In my opinion, the 6 day stay is not sufficient to consider the marital relationship resumed which is why I advised to file for divorce at the one year point as you were previously trying to do. If you have provisions in the agreement that you want to enforce, you should also file an action to enforce the agreement.