Q: Does the 1 year separation period restart if you file for divorce, then retract the case if you are trying to divorce?
I've been separated for over a year now. Around june, i started filing for divorce but then my ex and i began communicating so we decided to remove the case to see if something could be worked out. But it didn't and now i really want to file for divorce and get out of the relationship as soon as i can. Does the separation time requirement start counting again from June? Or should i be good to file?
A: Unless you resumed living together under the same roof, then the separation period starts and runs from the date you initially separated and remained separated through the present. Doesn't matter that you began talking about getting back together, unless you resumed marital relations and living arrangements--even for one night. You do not need the one year separation IF you both sign a written separation and property settlement agreement that resolves all your marital rights. With that signed document in hand, either one of you can file regardless of how long you have been separated. I recommend you retain counsel and have such an agreement prepared. You need to know all the issues to tie up (debts, retirement accounts, pension rights, car titles, marital property, health insurance, support issues, etc.) which are addressed in such an agreement, and prevents unpleasant surprises in the future.
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