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LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 27269
Experience:  10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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We have a legal separation and have been separated a year.

Customer Question

We have a legal separation and have been separated for over a year. My question I will be having eye surgery within the month. My separated wife has agreed to take me for surgery and bring me home.Can she spend the night at my house to care for me.
Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.

Good afternoon. I certainly understand the situation and your concern. For something like this, which is medically necessary, it should not be an issue. With that being said, if she stays in the home and sleeps in a different room and is only there for the night, it should not effect your ability to file, since the year has passed. The court would be looking for a situation where you are still together, seeing each other and there is possible sexual activity going on. In this case, you have nobody else to turn to, to care for you after the surgery, so he presence should not reset the clock, since there is no intent to have any relationship.

Expert:  LegalKnowledge replied 1 year ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!