Tazewell, VA asked in Divorce for Virginia

Q: What constitutes as an interruption in separation? wife is contesting the date of separation because we had sex once.

We have a child under the age of 18. I lived in my own apartment with the lease in my name only for over a year. I file for visitation back in April of 2017. I haved been over paying in child support since January of 2017. Which I sign off on stating I give her money for child support so she can get food stamps. I got my owe car insurance back in May because she needed more time to pay for own. And in September I add her back on my car insurance because she said she need help. As she needed car insurance for our child. Her car got repo 2 days after I added her and the car to my insurance. Which resulted in her asking me for money for a car. I loan her the money. I sued her in court and won. Can she use sex or the car insurance as proof of interruption in separation. I do not want to be marry to this woman any longer. We had sex once she did stay over night once and she slept on the sofa.

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1 Lawyer Answer
Steve Miyares
Steve Miyares
Answered
  • Norfolk, VA
  • Licensed in Virginia

A: if you had sex that would constitute a break in the sepration and you would have to begin the separation period all over again.

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