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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 12-09-2005, 09:02 AM
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Hi there,

On December 1st, 2005, my wife and I decided that we would separate and began talking about arrangements. In January of 2006 I will begin sleeping in another room and in August of 2006 she will be moving back to her home town. I've read various things, but my question is -- am I now legally separated?

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Old 12-09-2005, 07:28 PM
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There is no such thing as a "legal separation" in Ont. You do need to be separated for 1 year before getting divorced. So to answer your question if you will be living separate and apart from your wife on Jan 1/06 (it can be in the same house) that will be your separation date and also your valuation date.
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Old 12-14-2005, 10:25 AM
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I just wanted to add that a date of separation occurs when it is your intention to be separated from your spouse. So, December 1, 2005 could be considered the date of separation.

On the other hand, it is unusual for parties to be separated yet still sleep together in the same room. It really depends on the circumstances.

Lindsay
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Old 12-14-2005, 10:35 AM
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I was also told that a separation date could also depend on when you started to tell people around you of your intent. When you stopped acting in a couple form, ie. not eating together, going places together etc.
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Old 12-14-2005, 10:48 AM
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Quote:
Originally Posted by Lisa
I was also told that a separation date could also depend on when you started to tell people around you of your intent. When you stopped acting in a couple form, ie. not eating together, going places together etc.

Good point Lisa. Those factors would normally only come into play, however, if the parties were arguing two different dates of separation. If the parties agree on one specific date, there is usually no need to go into those kinds of details.
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Old 12-23-2005, 02:26 AM
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I thought "legally" seperated would mean you have legal evidence - ie moving out.
I assume then as of August 2006 you will be legally seperated.
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Old 12-28-2005, 11:17 AM
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It's a common misconception that parties must have "legal proof" of a separation. Proving that you're separated is as easy as proving that you are in love - you can't prove it, you just are.

Lindsay

Last edited by Lindsay; 12-28-2005 at 11:28 AM.
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Old 01-04-2006, 02:18 AM
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That is very true!

Providing "proof" is a tough thing - it usually requires both parties to admit it - however often it's hard to make it work that easily.
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Old 01-04-2006, 10:40 AM
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That's exactly right homer. Parties should not be discouraged if they cannot agree on a date at first. Although some couples can actually sit down and agree that they separated as husband and wife on such and such a date, that is normally not the case, especially when there are property and/or support issues.

With a contested divorce, the date of separation could make a world of a difference when it comes to the equalization of the net family properties, spousal support payments, child support payments, etc., so it is normal for parties to not come to an immediate agreement on the valuation date. We once had a case where the conflicting dates of separation were approximately 4 years apart!

With an uncontested divorce, however, if there are no outstanding issues besides the divorce itself, parties should be able to agree on a date of separation and then file one year from that date.

Lindsay
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Old 01-10-2006, 10:16 PM
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my friend separated his wife in2002.it was the decision of the both.now the situation has changed.they want to live together.Are both wife and husband?can husband sponsor her as wife? if not,can he sponsor her as common-in law partner?
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