The Separation Date in Divorce: Here’s What You Should Know (Pt. 1)

Posted: 13 September, 2021

When filing for divorce, one of the dates that has to be listed on your divorce petition will be the date of your official separation from your future ex. Although, in some cases, this date may be unclear and approximating the separation date in divorce will not matter too much, in others, establishing the official separation date in divorce can play an important role in:

  • How certain marital assets are divided
  • How certain marital debt is divided
  • The final divorce decree.

We’ll take a closer look at when and why the separation date in divorce may be important in this blog series. If you are ready to move forward with a divorce, don’t hesitate to contact the experienced Las Vegas divorce attorneys at RIGHT Lawyers. We are skilled at effectively representing people in various types of divorce cases, and we will work tirelessly to bring your divorce to a favorable resolution.

Determining a Separation Date in Divorce

Pinpointing an official separation date in divorce can be very tricky, as married couples may separate many times or even threaten divorce without the intention of officially ending their marriage. In general, however, the date listed as the separation date in divorce should be the date on which married partners made discernable efforts to separate with the intention of dissolving their marriage.

Some of the factors that can be used to help make determinations regarding the separation date in divorce can include (but are by no means limited to) when one spouse:

  • Moves out of the marital home for good
  • Moves out of the marital bedroom and, after that point, “lives apart” from the other spouse (to the extent possible under the same room)
  • Tells the other of his or her intentions to file for divorce
  • Files a divorce petition.

Here, it’s crucial to point out that:

  • It’s not uncommon for there to be some ambiguity regarding the separation date in divorce – For instance, when a wife tells her husband that she will be filing for divorce and she doesn’t end up doing so until months later at which point she moves out of the marital home, the wife can argue that the separation date was the earlier date while the husband can argue that it was the later date.
  • In some cases, judges look at what people do during separation periods to make determinations regarding a separation date in divorce.

We’ll resume this discussion regarding the separation date in divorce in the upcoming second part of this blog series that will be posted soon – be sure to check it out!

Contact RIGHT Lawyers at (702) 914-0400 to speak with a Las Vegas Family Law Attorney.