My wife gave me a legal separation after 6 years of marriage which I signed and gave back to her lawyer. Now she refused to sign her part of the separation, she is no longer interested in a divorce but I can no longer live with her.

Can I use the copy of the separation she gave me in court.

ANSWER

You can move out and then file for divorce. The biggest problem in this scenario is that you’ve decided you want a divorce but she seems like she isn’t sure — and you still live together.

In all almost all cases, spouses have to live separately for a court to grant a divorce. Many people believe that if you leave the marital home that you have “abandoned” or “deserted” the home and therefore you are at fault — this is rarely the case. You should consult with a local lawyer about your options and what you may want to do before you move out.