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  1. #1
    Join Date
    Aug 2009
    Posts
    5

    Default Trial Separation - Legal Issues

    What is the name of your state (only U.S. law)? CT

    My wife and I have been talking about a trial separation of 6 months where:

    1. We would rent an apartment
    2. We would alternate staying at our home and the apartment to allow the kids to remain in our home with either one of us during the period
    3. Expenses would be done as they always have
    4. If either one of us wants to file for divorce we (at least I) would move back into our home full-time till a custody/assets/divorce was completed
    5. There would be no dating other people (this is not really enforceable but something I require of her)

    Is this something we could draw some legal papers up for?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Trial Separation - Legal Issues

    You can draw up papers for anything you want. But if one of you changes your mind during the six months and a divorce is filed, few of those provisions would be enforceable and the rest would be subject to review by a judge. (For example, if you were denied reentry into your home after the filing you might bring a motion, "I have a contractual right," yet as the underlying "trial separation" agreement was no longer operative the judge could still grant your spouse exclusive possession of the home.)

    It makes sense to put your agreement down on paper, certainly, but think of that as more of a way to keep organized and to make sure your respective understandings are clear, as opposed to something you can be sure a judge will enforce.

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