Q: Can I contest a separation date if I was in jail/awaiting trial after bail due to my wife's false accusation. Found NG
I was found not guilty by judge approx. 5 months later; awaiting court date. I could not return to my home due to her false accusation of assault on a female, not due to me volunlarily leaving. She wants to use the date I was in jail due to her lie as the Date of Separation. Can I contest this date?
A: Only one person has to form the intent to separate permanently. If she decided that on the date you went to jail she no longer wanted to be married to you, and she hasn't reconciled with you since, then that is the date of separation. So no you do not have grounds to contest it.
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A: Yes, you definitely can contest the separation date but you likely will not win. Not only does just one of the parties have to have the intent to be permanently separated but there is no requirement that she communicate that intent to you. So it is very possible to be what a lot of people mistakenly call 'legally separated' and you not know it. Being in jail or on military deployment are the two classic ways this usually happens. So other than perhaps causing a bit of delay for her and / or maybe making things a bit more expensive for her (both of which are inappropriate reasons to contest). Contesting the separation date will not help you much but you could do it.
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