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RayAnswers, Lawyer
Category: Family Law
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Experience:  30 years as a family law lawyer .
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My husband and I are applying for a divorce. We separated

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My husband and I are applying for a divorce. We separated on 11/3/06 and due to my rental home being reclaimed by owners I was forced to move in with my husband for a period of 3 months in May 2008. We did not share the same room and lived independantly. As the family law court required 12 months seperation do they take into account the 2 years we were appart or does the 12 months start again from may 2008. Or do we still need to sign an affidavit?
Submitted: 8 years ago.
Category: Family Law
Expert:  RayAnswers replied 8 years ago.
Thanks for your question. You would swear to the petition or otherwise verify that you have lived separately. Peple are often required by necessity to live in the same dwelling this time. The court will understand and not require additional separation.

Both parties may consent to this fact here and remove any doubts. The court will make such a finding here based on your assertions. This should not be a problem in this matter. I wish you good luck here..


 

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