~ LIFESTYLES
Waiting period for
divorce starts when
spouse leaves home

MY WIFE and I were married 20
years ago and there are three
childvea of the marrige, the
youngest of whom is now 15 years
of age.

Aithough I continue to ve with
my wife in our matrimonial home,
we have been living separate in the
home for the last five years.

Nose of our children or our
frends arc aware of the separz-
tion. In fact, my wife and I con-

Family
Affairs

“HUGH
STARK

KIRSTIE —
MACLISE

tinve to socialize together and I
even psy my monthly payckeque
into the joint baek account which
she mansges.

1 new wish to leave the home
and reside elsewhere.

I world tke to begin divorce
procecdisgs and obtain 2 divorce
at the earliest possible date as 1
wish to remasry in the next few
months to 2 lady I have been go-
ing with for the last year,

’ How quickly can I obtain an
Order for Divorce and will I be
sbi to get the divorce without the
‘cooperstion of my wife? She now
seems to be taking the position
that we have deen living together
eves though I have resided in &
separate bedroom for the five-year

‘There are no agreements or ac-
knowledgements in writing that we
separated.

The waiting period prior to a_

divorce being granted is one year
from the date of separation.

You may commence your
divorce proceedings before the
expiration of that date, but a
court will not grant the final order
until the one-year period has ex-
pired.

Also, before the court will grant
the final Order of Divorce, you

rs
HARRISON GALLERIES |

“A Deal! Mexican Market Oaxaca”

must provide financial informa-
tion to the court so that the judge
teviewing your application for
divorce is able to determine that
your children are being cared for
at an appropriate level for you
and your wife's income.

Your problem, of course, is
proving that you have been sepa-
rated for at least one year.

The court would not normally
hold that parties have been living
separate merely because they have
been living in separate rooms in
the same home and not engaging
in sexual intercourse.

In your particular case you held
yourselves out as husband and
wife until the present time and, in
fact, you carried on within the
home as husband and wife which
included apparently the sharing of
your income for the support of
your wife, your chiidren and
yourself.

Once those facts are disclosed
to the court, it would be highly
unlikely that the court would
determine that you were living
separate and apart from your wife
prior to your actually moving
from the home.

This result is particularly ex-
pected where your wife’s evidence
may not be consistent with yours
as to the separation.

There are, however, situations
where a husband and wife residing
in the same home would be held
by a court to be spouses living
separate and apart.

In_ those situations the facts
usually are that the parties do no
socialize together, nor does one
party do the cooking and cleaning
for the other party.

In addition, there is no sexual
intercourse or sharing of bank ac-
counts and the payment of ex-
penses in the fashion which you
and your wife have continued.

See Family page 48

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