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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 01-03-2006, 07:43 PM
nowizard nowizard is offline
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Default One year seperation

Can anyone help me? In February I am going to court just to formalize the custody arrangements that already are in place with my wife and I. In the application that my lawyer and I filed, it states that my wife and I have been residing apart since October 1, 2005.

However, we have been seperated in marriage, (different rooms, planning seperation, etc.) for about a year. We are intending to file for divorce under the one year seperation clause after court in February.

I am wondering if the "October 1, 2005" date will conflict with the one year part when we file for divorce.

Thanks in advance.
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Old 01-03-2006, 08:10 PM
logicalvelocity logicalvelocity is offline
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nowizard,

I am not sure why your going to court to formalize the current arrangements.

This all could of been done by way of a legal separation agreement which can become part of the divorce settlement. It would of been much cheaper also.

If you are going to court to settle outstanding issues that is a different story on its own.

The separation date that you mentioned is only in conflict if your ex spouse disagrees with that date.

You can be separated and living under the same roof with your ex spouse.

I believe some factors that would have to be considered is that you are not intimate with your ex spouse and sleep in different areas of the home. Meal time is separate not taken together. Neither party cooks and cleans after the other. Neither party does each other laundry. These would be some of the factors to look at when determining a separation date if you lived under the same roof.
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