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What affects one year period of separation ?

Anonymous Asked:

if a spouse visits inconsistently and irregularly without notice and stays at the home of the mother and child, for a long period of time like 4 weeks, does this affect the one year period and ownership of the house that was purchased after the initial separation?

Expert Comment:

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Andrew Heft
9 years ago

The one year separation period during which the spouses have lived separate
and apart that can be alleged as a cause for divorce is not interrupted if
the periods were the spouses have resumed cohabitation for the primary
purpose of reconciliation do not total more than ninety (90) days. It is
then important to determine the intention behind your spouse’s visits and
habitation in the family residence. If the intention is not reconciliation,
then it does not affect the one year separation period.

Concerning your question pertaining to ownership of the house, in a divorce
context, actual ownership of the family residence is not affected by usage
of the house.

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