I am legally separated but recently me and my ex have been talking some. He wants me to come stay the night with him. If I do that, does that mean my separation papers are no longer any good? Does that mean the date will change that I can file for divorce?
The issue is whether or not one act of sexual relations and spending one night with your ex will void a separation agreement or will stop your one year of separation from running. Unless there is something that specifically says in the separation agreement that one night with sexual relations together will void the agreement, then it will not. However, there is no bright line that exists that says at what point reconciliation and resumption of marital relations has occurred, and you may be buying yourself a lot of expensive litigation. I don't want to be moralistic about it; however, if the object is reconciliation, I suggest counseling.
I agree with Mr. Krusch. The answer to your question is not clear and may not really matter. Reconciliation is almost always a good thing. However, a night or two with your spouse could at least create an argument that the date of separation has changed. This could affect the date that property is valued, the date you are eligible for an absolute divorce and the enforceability of certain provisions of your separation agreement, if you have one. I have seen divorces dismissed in Wilson County because of a few nights together during the prior year.
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