my wife and i have a 2y/o daughter. if i leave and move into an apt. of my own, does that start the year of seperation before the divorce can be ruled on? does it have to be documented w/a marriage seperation agreement or anything else? hypothetical question... if i have my daughter and she's sick and my wife comes to pick her up but decides to leave her there so as not to wake her up and she wants to sleep over also but w/no sex, does that start the year of seperation all over again just because she spent one night in my apt?
The one year seperation begins when the two of you state under oath that it began. As far as staying overnight after the official seperation date, by the letter of the law, yes. It would start the clock over. If she or you were to want to dispute this it would start things over. You may want to watch yourself there. I dont want to cross lines here, but somethings telling me one or both of you are not sure this thing is over. Just a thought, I may be way off. Good luck with things and you will find this board very usefull should things progress.
Actually that is incorrect - the first question is did you actually sleep in the same bed? if NO and you slept in a separate room then NO the clock does not reset. In truth Virginia allows both parties to remain in the same household as long as they maintain separate rooms to sleep in. It should also be noted that the supreme court of virginia has ruled the even if you had slept together on this one occosion it does not necessarly mean the clock has to be reset.
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