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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 09-29-2008, 05:48 PM
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Default Date of Separation

My wife served me with "intent to separate" dated April 10th 2008 - by that I mean a letter from her lawyer saying that he had been retained by my wife for the purpose of completing a legal separation with April 10th identified as the date.

Anyway, I also retained a lawyer who informed her lawyer that he was representing me.

Since that date, my wife and I (and 2 children) have continued to live together, sleep together, attend family activities together, share joint account, eat together as a family, vacation together and generally "try and work things out".

It looks like we will probably not be able to work things out and are heading for a legal separation.

QUESTIONS:

Can my wife still use April 10th as the separation date? I have a lot of personally owned stocks that I own and have dropped considerably in value (along with everyone elses) since April 10th. With everything else going on, I just left my finances alone and have woken up in the last few weeks to the large losses I have incurred!!

If my wife cannot use April 10th as her separation date, how do we choose another date? My choice would be to ask my wife to pick a date in the near future, and then sell 50 percent of my stocks on that date and put the money in an interest account for her - once the separation is legalized.

FYI... niether one of us has completed out FLR 13.1 finance declaration forms of signed / agreed on anything to date.

Regards,

Divot
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Old 09-30-2008, 02:52 AM
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Quote:
Originally Posted by divot View Post
My wife served me with "intent to separate" dated April 10th 2008 - by that I mean a letter from her lawyer saying that he had been retained by my wife for the purpose of completing a legal separation with April 10th identified as the date.

Anyway, I also retained a lawyer who informed her lawyer that he was representing me.

Since that date, my wife and I (and 2 children) have continued to live together, sleep together, attend family activities together, share joint account, eat together as a family, vacation together and generally "try and work things out".

It looks like we will probably not be able to work things out and are heading for a legal separation.

QUESTIONS:

Can my wife still use April 10th as the separation date? I have a lot of personally owned stocks that I own and have dropped considerably in value (along with everyone elses) since April 10th. With everything else going on, I just left my finances alone and have woken up in the last few weeks to the large losses I have incurred!!

If my wife cannot use April 10th as her separation date, how do we choose another date? My choice would be to ask my wife to pick a date in the near future, and then sell 50 percent of my stocks on that date and put the money in an interest account for her - once the separation is legalized.

FYI... niether one of us has completed out FLR 13.1 finance declaration forms of signed / agreed on anything to date.

Regards,

Divot
In all honesty, because you continued as a family unit, I think April 10th can no longer be used as the date of separation unless some backroom deal can be arranged between the parties.
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