Voluntary separation is when two parties agree that they need to go their own ways. Even though it may not start out as a "voluntary" situation, the parties can eventually come to a mutual agreement that separation was inevitable.
Most states require that you live separately for the statutory period of time. This means no cohabitation. Separation means residing (and sleeping) in different locations at all times. Separate bedrooms in the same house do not constitute a separation.
The courts distinguish between separation and "desertion", which is when one of the parties leaves without the intention of returning. If the other person forces you to leave, that is "constructive desertion." You won't be penalized by the court if you leave for your own protection or that of the child(ren).
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Registered: 10-08-2011 Location: United States
posted on 10-08-2011 at 01:01
Separation before or after Divorce?
Yes I agree with this, but is this separation after the divorce proper or before? if it is before, this can possibly lead to a divorce. If I will be in your case, you must talk to a professional lawyer as soon as possible that can help you to be totally free and for you not to feel the difficulties of being separated.
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posted on 09-27-2011 at 03:29