The date of separation can have significant legal consequences and should be carefully chosen. Currently the legal “test” for the date of separation is that it is the date on which:

  • One or both of you have come to a parting of ways with no present intention or purpose to resume the marriage, and that
  • One or both of you act in a way that is consistent with that parting of ways. This second part of the test is about conduct, such as moving out of your home, that occurs simultaneously with the intent to end the marriage.

Should you not have a date of separation yet, the date on which you serve your first divorce document may be used to establish that date of separation.

If you and your spouse do not agree on the date of separation, then you may need to assemble a story with a set of facts that support your claim for a particular date. One of our referral attorneys can be made available to help you assemble this story.

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