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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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  #11 (permalink)  
Old 01-10-2006, 10:55 PM
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god knows the truth will become famous soon enough
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I'm guessing they are still legally married because they have not legally divorced. For example, if either tried to get married to another person they wouldn't be able to b/c they're 'Married'. THerefore I would assume it's reverse.
Unless there's there's a legal loophole I don't know about, It almost seems like a no-brainer. Mmmm would be interesting to know the exact legalities.
  #12 (permalink)  
Old 01-11-2006, 08:53 AM
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You're right god knows the truth,

A marriage does not simply dissolve over time. Even if parties were separated for 30 years, they would still be married. Only the government may legally grant a divorce.

So yes, sahar43s, your friend and his wife are still married and may simply resume cohabitation.

Lindsay
  #13 (permalink)  
Old 01-12-2006, 12:28 PM
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Default How about this?

My wife went to her parents on July 21 for what I thought was a visit, however I found out on Aug 12 that she had left, and on Aug 11 emptied the entire contents of the house. On august 10 she declared bankruptcy with her address listed as her parents home. What would our separation date be?

Duped
  #14 (permalink)  
Old 01-12-2006, 01:54 PM
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Quote:
Originally Posted by Duped
My wife went to her parents on July 21 for what I thought was a visit, however I found out on Aug 12 that she had left, and on Aug 11 emptied the entire contents of the house. On august 10 she declared bankruptcy with her address listed as her parents home. What would our separation date be?
It's hard to say Duped. Out of all of the possible dates listed in your post, the date on which your wife left for her parents would most likely be the date of separation.

Again, a date of separation is determined by the date on which each party felt it was time to separate from their spouse. So, the date of separation may have been earlier than July 21. As stated in previous posts, parties sometimes have conflicting dates of separation at the beginning of their case.

Lindsay
  #15 (permalink)  
Old 01-12-2006, 03:41 PM
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Default Is it important to know or agree

Should I be looking for an agreed upon date or some determination of date for any specific reason? Or is it not important? What implications are their?

Thanks again
Duped
  #16 (permalink)  
Old 01-12-2006, 04:10 PM
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Default Dividing property

Duped,

The equalization of net family properties is determined using the value of the parties' assets and debts as of the date of separation. Please visit the following link for more details on calculating your net family property:

http://www.a1-ontario-divorce.com/propertydivision.htm

Let's assume for the sake of argument that you and your wife agreed that the date of separation was July 21, and on July 22 your wife acquired a $100,000.00 loan. That $100,000.00 liability would not be included in the calculation of her net family property. Had she obtained the loan on July 21, however, it would be incorporated in her calculation.

So, as you can imagine, determining the date of separation can be a huge issue in some cases, especially when one party acquires a large debt or a large asset at a certain point around the parties' separation.

This is only one of the reasons why the date of separation is important. The valuation date can also have an affect on the determination of child and spousal support payments.

I hope this helps,
Lindsay

Last edited by Lindsay; 01-12-2006 at 04:15 PM.
  #17 (permalink)  
Old 01-13-2006, 12:17 PM
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Default I asked and recieved

I asked for the specific date that she decided to leave.

Why do you want to know? I decided conclusively in the spring, not entirely sure of the exact date. All I know for sure is that I left you on the 22nd of July, but if you would like a divorce sooner, I would be more than willing to oblige!

Does that make the separation date the 22nd of July?
  #18 (permalink)  
Old 01-14-2006, 01:59 PM
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Default This was her reply..

Quote:
Originally Posted by Duped
I asked for the specific date that she decided to leave.

Why do you want to know? I decided conclusively in the spring, not entirely sure of the exact date. All I know for sure is that I left you on the 22nd of July, but if you would like a divorce sooner, I would be more than willing to oblige!

Does that make the separation date the 22nd of July?
I should have stated that the above and below was her reply to my question.

"Why do you want to know? I decided conclusively in the spring, not entirely sure of the exact date. All I know for sure is that I left you on the 22nd of July, but if you would like a divorce sooner, I would be more than willing to oblige!"

If she decided in the spring, does that mean we were separated then?

Thanks
Duped
  #19 (permalink)  
Old 01-16-2006, 11:28 AM
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Quote:
Originally Posted by Duped
If she decided in the spring, does that mean we were separated then?
It's possible. After the Spring, were you and your wife:

1. Eating together or cooking meals for each other?
2. Performing the same household duties with and for each other?
3. Going out socially together or running errands together?
4. Sleeping in the same bed?
5. Continuing a conjugal relationship?

Basically, you need to ask yourself when you and your wife stopped living as a married couple. Although your wife may have considered separating from you in the Spring, that doesn't mean that you and she have been separated since that time. Lots of people will consider separation but will later resume thair marriage with their spouse.

There are no guidelines or rules that parties must follow in order to determine a date of separation. Asking yourselves questions like the numbered items above will help (please note: possible factors of terminiation of marriage are not limited to what I have listed above), but some parties still may not come to an agreement. An issue like this could be negotiated between the parties or their counsel until an agreement is reached, or, failing that, a judge may determine the date of separation based on the facts presented before him or her.

Lindsay
  #20 (permalink)  
Old 01-16-2006, 01:16 PM
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Wink Significance

Thank you,

Basically it would appear that we were separated on the 22nd of july however without my knowledge. On the other hand, we did converse on the telephone during her vacation time as it was stated to be and exchange many married type salutations towards each other, how is anyone supposed to know the true merrit of these factors.

Also, if agreed that the separation occured on the 12th of August, 2 days after my ex declaired bankruptcy, I will be sholdering a larger portion of the family debt and would therefore be elidgable for equalization payments, which would be excluded from the bankruptcy.

I would therefore, only agree to the 12th of August as being the date of separation.

Does that sound about accurate?

Duped
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