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Page 30 of 44 |
If a couple separates pending a no-fault divorce, are they allowed to date each other during the separation period? |
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On the summons, please read (usually on the reverse side) whether there are "automatic" stay away orders. If there are such orders, and the kids are discovered to have been "dating", then the court is going to look upon the filing as a "sham" (that is, there is no present intent to be separated) and will not grant the divorce.
As a matter of fact, the court could issue monetary sanctions for having violated the "stay away" order. "Separation" within the meaning of most States' laws requires more than a rift in the spouses' relationship. The date of "separation" occurs only when the parties have come to a parting of the ways with no present intent to resume their marriage, and their conduct evidences a complete and final break in the marital relationship. |
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