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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 12-16-2005, 05:06 PM
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Question Filing Fees / Separation

I have a question if anyone could answer. I filed for divorce in June. We went for a temporary hearing for child support and mortgage payment. My spouse moved out for about 5 month and now is living back in the family home. His roommate moved out on him and his electricity was turned off. Thing were ok for the first week or so when he moved back, but now the drinking and staying out is all coming back. My attorney gave me to 01/01/06 to make dission. I told her I didn't want to do anything during the holidays.
Since he has moved back in for a short period, my spouse is telling me that everything I have done so far is not good. Will I have to pay another filing fee? Or is that up to my attorney?
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Old 12-16-2005, 06:06 PM
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In an effort to encourage reconciliation, the Divorce Act allows couples who are in a period of separation to live together as husband and wife for a total of ninety days during the one year, without that ninety days being subtracted from the one year calculation. If the parties live as husband and wife for more than ninety days during any one year, however, the separation period has to start again.

No filing fee should apply if you havent been together for 90 days.
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Old 12-17-2005, 12:14 AM
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Just to add to Grace.....
Once the three months is up any order that was in effect willbe consider VOID. You will have to start the whole process again.
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Old 12-23-2005, 01:27 AM
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Quote:
Originally Posted by Lisa
Just to add to Grace.....
Once the three months is up any order that was in effect willbe consider VOID. You will have to start the whole process again.
Really?
How/why is this so?
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