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divorce after 2 years - evidence?

 
 
Reply Thu 6 Oct, 2011 06:34 pm
Hi

My husband and I have been separated for almost 2 years and I'm about to file for divorce, I wondered what happens with the 2 year rule i.e. do the courts require evidence that you have been separated for 2 years or do they just ask for confirmation from the other person?

Thanks in advance

Kate Morris
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Type: Question • Score: 1 • Views: 1,122 • Replies: 3
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shewolfnm
 
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Reply Thu 6 Oct, 2011 09:18 pm
the amount of time you have spent apart should make no difference in the court room unless there have been major purchases or lapses in large payments ( mortgage, credit cards etc) .. then all you would have to do is show a lease, bills in your name for another address, or in a pinch a letter notarized that says you lived with someone else for that time. That person would then have to show proof of where they lived and it has to be for as long as you claim to have been there.


Sounds complex. Really isnt. Smile
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hoochtheseal
 
  1  
Reply Fri 7 Oct, 2011 06:47 am
@hoochtheseal,
sorry, i'm not sure i was clear in my question. I would be filing for divorce on the grounds that we have been separated for 2 years. Therefore it does matter how long we have been separated. There isn't any problems around finances, it's simply what the courts will ask for (if anything) in terms of evidence that we have been separated for 2 years or more?
Ticomaya
 
  1  
Reply Tue 11 Oct, 2011 07:12 pm
@hoochtheseal,
Some states require a period of separation before you can file for divorce. My state (Arizona) is not one of them. What state do you live in?

I suspect your written affidavit or oral testimony is sufficient, unless your spouse disputes that you've been separated for that long.
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