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Sleeping in separate bedrooms or in separate wings of a home will not count or tack on to your separation period.If you want to start the clock on getting divorced, either you or your spouse has to move out of the home.If you or your spouse move out with the intent to live separate and apart permanently, you’re separated.

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Third party claims such as alienation of affection and criminal conversation cannot be filed solely due to post-separation acts.

However, post-separation dating can impact you in the following ways so beware if: Your period of separation does not begin if you live in the same home.

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A divorce from bed and board action may need to be filed if neither spouse will leave and one or the other has committed marital misconduct.

These actions are very rare so it’s usually best that you and your spouse figure out a way to work this out.

You don’t need a written agreement to effectuate a separation, although separation agreements can protect your rights and make sure the terms of a separation are clear.

All that is required is moving out with the intent to live separate and apart permanently.

If you are the primary breadwinner in your home, you should prepare to pay some support.

You’re very likely going to be responsible for some spousal support plus child support if you have minor children.

True abandonment could impact spousal support and property distribution during a divorce, but it is not guaranteed, in fact, it is unlikely.

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