do you have to have legal papers stating that you and your spouse are separated? me and my husband have been separated since April 16 2009. people have told me you do not have to have papers stating that you have been separated a year...another question is that i know if you have any sexual contact with your spouse during that years time that it starts all over and i'm scared he will lie and say that we have which in fact we have not...what do I do?
Family Law Attorney
First, contrary to popular myth, you do not need any written separation agreement to establish the one year period for an absolute divorce. Second, isolated incidences of sexual intercourse between you and your spouse does not toll the time period or require you to have to "start all over." That law was changed over a decade ago so that spouses can try and reconcile. The key is: Have you and your spouse resumed the marital relationship (moved everything together again under the same roof)? If that happens, you start all over.