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  1. #1
    Join Date
    Jan 2017
    Posts
    2

    Default Divorce Regarding Date of Separation and Jurisdiction

    My question involves a marriage in the state of: New Jersey

    Hello - I have two questions please:

    1.) What would the court consider my date of separation considering the following:

    - we decided to end our relationship and moved to separate residences on Sep 1, 2015 and after this date kept all finances and bills separate (i.e as if single)
    - my spouse started dating and having a sexual relationship with someone else for a few months after Sep 1, 2015
    - We did not meet or continue the relationship from sep 1, 2015 to May 1, 2016 in any way
    - After being required to leave my state in May 1, 2016, I decided to meet her up, to at least restore friendship despite an unworkable relationship. In this period we had sex with each other two consecutive weekends.
    - After this event in May 2016 we did not see each other again and have since filed for divorce in september 2016.

    So considering the above -> what date would the court decide the date of separation to be? Aside from the sex, all other bonds were effectively cut on sep 1, 2015 but i do not know how the court will interpret this?

    2.) Am i allowed to leave the state after filing for divorce?

    I filed for divorce in september 2016 and have been a resident of NJ for at least 18 months prior. Since i am no longer employed in NJ would it be possible, or allowed, for me to leave the state or would this cause problems with the divorce process? In short, i would prefer to live with my parents for free while unemployed.

    many thanks for any input!

    thank you

  2. #2
    Join Date
    Jul 2006
    Posts
    1,421

    Default Re: Divorce Regarding Date of Separation and Jurisdiction

    May 2016. Because that is when you separated from bed with your spouse. Don't have sex with her again.

    And yes you can leave the state but make sure you change your address with the court.

  3. #3
    Join Date
    Jan 2017
    Posts
    2

    Default Re: Divorce Regarding Date of Separation and Jurisdiction

    thanks for your reply.

    If they consider the date of separation May of 2016 then i would not be able to file for divorce until November of 2016.

    The court has my divorce case filed as of September 2016.

    Does this mean I need to now refile for divorce with the new date?

    Or is the current divorce case still valid and only teh legal date of separation has changed for property division etc?

  4. #4
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Divorce Regarding Date of Separation and Jurisdiction

    Your date of separation is September 2016 not May.

    In NJ there is what is called bright line rule that says absent a formal separation agreement, the date of separation is the date that the divorce is filed with the court. There are some (very few) exception but none of them have to do with sexual relations.

    See Painter v. Painter, 320 A. 2d 484 - NJ: Supreme Court 1974

    After this event in May 2016 we did not see each other again and have since filed for divorce in september 2016.
    You have already filed, why do you think you need to file again? In NJ , you do not need to be separated for any period of time to file for divorce. The divorce laws have changed. In fact, you can live under the same roof and still file for a no-fault divorce.

    The date of separation is only going to effect the equitable distribution of marital assets and debts.

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