My husband and I are separated with no activity between us for over 90 days. In my state, after 60 days of inactivity, you qualify for a divorce. I want to know if I can file and legally "back-date" it?
2007-01-28 00:30:21 · 10 answers · asked by Nina T 1 in Family & Relationships ➔ Marriage & Divorce
Nope, the clock starts running from the time you file it in court. You can allege not living together for 90 days prior, but must have irrefutable proof to back it up. Then the Judge rules on whether your proof is acceptable or not and you go from there.
2007-01-28 00:38:00 · answer #1 · answered by J Somethingorother 6 · 0⤊ 0⤋
You did not say what state you are from. But in most states, separation means, legal separation, that is the day the judge signed your separation agreement papers.
In the court of law, separation does not mean living in different places. It means that you comply with all the financial requirements, such as alimony, child support, property division, division of debts, etc.
2007-01-28 02:28:16 · answer #2 · answered by kenneth h 6 · 0⤊ 0⤋
No you can't go to a lawyer tell them that you have been seperated for 60 days or however long you and your spouse agree to and file for a divorce.
2007-01-28 01:28:52 · answer #3 · answered by Mary O 6 · 0⤊ 0⤋
No i dont believe so but make sure to contact an attorney to find out what you can and cannot do in this case. I doubt you can backdate though.
2007-01-28 02:24:43 · answer #4 · answered by Lady Hewitt 6 · 0⤊ 0⤋
1
2017-03-01 10:00:59 · answer #5 · answered by ? 3 · 0⤊ 0⤋
you could date even as nonetheless jointly, even if that continually outcomes in divorce. it is continually perfect to attend until eventually the divorce is finalized; even if it became the reason behind the procedings.
2016-10-16 05:19:15 · answer #6 · answered by ? 4 · 0⤊ 0⤋
Ask the court but I would bet you'll get a NO answer.
2007-01-28 00:39:14 · answer #7 · answered by gimpalomg 7 · 0⤊ 0⤋
check with an attorney, i am thinking no but, it depends on the state and their regulations.
2007-01-28 00:39:04 · answer #8 · answered by shelly v 3 · 0⤊ 0⤋
I don't think so...call a lawyer...
2007-01-28 00:40:01 · answer #9 · answered by Anonymous · 0⤊ 0⤋
i would say probably not.
2007-01-28 00:36:19 · answer #10 · answered by Anonymous · 0⤊ 0⤋