Date of Separation: What’s Good To Know?

By LAUREN SHARKEY
Published on Jul 1, 2019

If you are currently thinking about getting a divorce, you want to know about the importance of the date of separation, and how that can affect your case, and your life.

Attorney Donald P. Schweitzer explains a few things you’ll want to know about the date of separation in divorce proceedings:

According to Attorney Schweitzer, the reason why the date of separation is so important to remember is that it affects the amount of time that spousal support will be paid for. Longer marriages (usually over ten years) will mean a longer spousal support agreement. Shorter durations will receive spousal support for only half of the marriage period. So a marriage that lasted four years would have spousal support for two years.

Donald explains that in order to determine the marriage length, the court will look at when it started and, most importantly, when it ended. This is where the date of separation comes in.

Separation dates are also taken into account when looking at property. Anything acquired during the marriage is classed as community property while anything bought post-separation will be defined as private property. If you don’t know your date of separation, you could well lose out.

Of course, it can sometimes be difficult to determine an exact date, but as Attorney Schweitzer tells us, the court will take into account each person’s mindset at the time they are claiming they separated. They will consider whether the marriage was definitely considered to be over by both parties.

How do they do this? By taking into account a range of factors including whether the couple were still living together, whether they were still sharing a bank account and whether they are appearing in public as man and wife.

According to Donald, the date of separation can be contested in court. He has some tips to help you get the date of separation that you want. If you are the person that wants an earlier date to be set, you need to show evidence of your intent to divorce. This means moving out of the family home and stopping any behavior that is exhibited by a typical married couple as well as seriously consulting an attorney.

However, if you want the later date of separation, all you have to do is the exact opposite. Have evidence that your spouse is still communicating with you, and that you still wanted to live together at the time says Attorney Schweitzer.

If you have no clear idea when your date of separation might have been, or are unsure of how the date can affect your case, consult with Attorney Donald P. Schweitzer and have him get to work on your case right away, and rest easy knowing that you have an attorney with knowledge, wisdom and years of experience working to make sure you are treated fairly throughout your divorce.

The Law Offices of Donald P. Schweitzer are located at 201 South Lake Ave Ste. 800, in Pasadena. For more information call (626) 683-8113 or visit http://www.pasadenalawoffice.com/.

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