separation/divorce timeline

I live in Richmond, VA.

I have decided to go on a vacation with my former spouse and my son in an effort to spend more quality time with my son. My ex says that if we stay in the same hotel for four days -- that resets the clock on our separation, meaning it will be one year from that date (12/21/01) as opposed to the one year from my move-out date 8/1/01. I don't think sharing a motel room on a family vacation qualifies as living together or cohabitation, but the law can have a lot of strange quirks -- I know she could be right. Is she??? Our separation agreement is dated 8/3/01 and I was out of her residence 8/1/01.

[LegalBeagle]

Originally posted by MrkRobertson
I live in Richmond, VA.

I have decided to go on a vacation with my former spouse and my son in an effort to spend more quality time with my son. My ex says that if we stay in the same hotel for four days -- that resets the clock on our separation, meaning it will be one year from that date (12/21/01) as opposed to the one year from my move-out date 8/1/01. I don't think sharing a motel room on a family vacation qualifies as living together or cohabitation, but the law can have a lot of strange quirks -- I know she could be right. Is she??? Our separation agreement is dated 8/3/01 and I was out of her residence 8/1/01.

So are you saying that in this event, the wife will jump up and file new petitions into court stating that the clock be reset? or that she will contest the divorce later on? Basically, no, that would not reset the clock.

No, I'm not saying she would file papers to that effect. She just has the impression that if we share a room it qualifies as living together and so the one year time frame begins after that time instead of the August 1 date that I left her residence and began living separately.

[LegalBeagle]

Originally posted by MrkRobertson
No, I'm not saying she would file papers to that effect. She just has the impression that if we share a room it qualifies as living together and so the one year time frame begins after that time instead of the August 1 date that I left her residence and began living separately.

My point was, that if you don't tell, and she don't tell, then there is no one else left to tell..

If you are concerned, get a separate but adjoining room. That should take care of the problem.