What does “Date of Separation” mean in a divorce?

You and your spouse have gone through a divorce. This may not be the happiest of times, but right after you have to start to think of the legal ramifications of Divorce. One of the main questions divorced couples have after making the decision to terminate a marriage is Who gets to keep what? This is where the date of separation comes into play.

The Date of Separation is the day in which both parties decide to leave each other and begin to live in separate environments. This can be in separate residences, but not under the same roof. On this day, it is determined that both parties do not want to continue in a marital agreement with one another

The date of separation is a date of high importance when speaking of divorce. In order for any kind of legal action can be taken, both parties must be physically separated for at least a year, with at least one of the parties’ intentions bent on making the separation permanent.

For some people, determining this date can be somewhat difficult to figure out. For example, let’s suppose that you and your spouse decide to separate and then days, or weeks later you decide to get back together again. Well, what if this process has repeated itself over and over again? In cases like this, the date of separation would be determined by the latest date upon which you left the residence where the other party resides. The main key to figuring out the date is to find when both parties have decided to part ways and ceased cohabitation.      

Showing Intent to End Marriage

There needs to be a record for when at least one spouse wants to end the marriage. This is what the Date of Separation is used for. If the court has determined that on said date, you have tried to discontinue the marriage and has also found an act that clarifies your stance, such as an email or text message to a close friend written with the intention of marriage termination, then your divorce case can take place. There is no getting around having either spouse objectify his/her stance on paper.

Determining Equitable Distribution

The Date of Separation is critical in equitable distribution. It can be used to determine each parties interests in their property and debts, as after this date any marital estate is considered “Frozen” and classified under the marital property which is subject to division. The marital assets and debts must be valued as of the date of separation.

Anything that was acquired after this date (such as Debts, or Assets) is then considered to be separate property and is not subject to division due to it being owned by that party individually. Typically, this leads to both parties fighting for determining the date of separation in the courtroom, as it can impact the ownership of property, assets, and debts.

Most important of all, The Date of Separation could award Child Support and Spousal support.

The Judge can order a parent or supporting spouse to pay Child support or Spousal Support to whom the child was with before the date of separation.

If you need a great, experienced attorney that has handled Divorce cases one time after another and treats you like you are family, then you need to get in contact with Daphne Edwards.

Daphne has been working to right wrongs in divorce cases and can fight for your legal representation. She has proven over and over that she will go to any lengths to see our client satisfied. Get in contact with a Daphne Edwards Divorce attorney today!

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