I received court documents notifying me that my wife (and lawyer) started a court case with the Superior Court of Justice for our divorce. Were were married for more than 30 years, but have been separated for roughly 9 years living completely separate lives. Our children are grown up and self-sufficient.
In her application, she stated a date of separation of December 2005. However, I have proof that she moved out of the house in November of 2001 and rented an apartment. I have been filing my income tax as separated ever since 2002.
In 2005, she moved back to the house temporarily for a few months to save on rent (though likely more than 90 days). We did not share the same bedroom during this time, nor did we share activities or bank accounts. I consider us as separated during this time.
Note that I supported her through her education after our children were grown up and she now owns a very profitable business and a large house in a desirable neighbourhood. I am nearly done paying the mortgage on the matrimonial home that was purchased 12 years ago, to which she never contributed.
As I understand, there are time limitations to the division of property (6 years after the day that you separate with no chance of getting back together). In other words, the date of separation will determine whether we have to divide property. According to her claim, we have been separated for 5 years. I believe we have been separated for 9 years.
I now have less than 30 days to answer and / or oppose any claims she made on her application. I feel that I cannot agree with the claims (other than "divorce") unless we settle the date of separation.
Do we need a separate trial to settle the issue of date of separation?
Any help will be much appreciated. Thank you.
Peter Anonymous
In her application, she stated a date of separation of December 2005. However, I have proof that she moved out of the house in November of 2001 and rented an apartment. I have been filing my income tax as separated ever since 2002.
In 2005, she moved back to the house temporarily for a few months to save on rent (though likely more than 90 days). We did not share the same bedroom during this time, nor did we share activities or bank accounts. I consider us as separated during this time.
Note that I supported her through her education after our children were grown up and she now owns a very profitable business and a large house in a desirable neighbourhood. I am nearly done paying the mortgage on the matrimonial home that was purchased 12 years ago, to which she never contributed.
As I understand, there are time limitations to the division of property (6 years after the day that you separate with no chance of getting back together). In other words, the date of separation will determine whether we have to divide property. According to her claim, we have been separated for 5 years. I believe we have been separated for 9 years.
I now have less than 30 days to answer and / or oppose any claims she made on her application. I feel that I cannot agree with the claims (other than "divorce") unless we settle the date of separation.
Do we need a separate trial to settle the issue of date of separation?
Any help will be much appreciated. Thank you.
Peter Anonymous
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