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Divorce Support This forum is for discussing the emotional aspects of divorce: stress, anger, betrayal of trust and more.

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Old 12-01-2005, 01:27 PM
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Post fight and living apart what is my status?

We ahd a diagreement and i asked my hubby to leave till he could talk to his family.
What is my status ... How di I prove that there was no seapartion.just a fight
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Old 12-01-2005, 01:33 PM
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Well how long has your husband been gone? If the disagreement was something small, then why not talk to him and see if you can make amends? need more info to help you with this one.
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Old 12-01-2005, 01:39 PM
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Hi mary23,

A date of separation is simply determined by the date on which you intended to live separate and apart as husband and wife. This often results in two different dates of separation, since the intention of the parties are not always the same, but eventually the parties must agree on a valuation date before they may proceed with divorce.

A date of separation cannot be proved. If you were to obtain a divorce, the only evidence a court would ever need is a written oath by you or your husband stating that you and he separated on such and such a date.

If it was just an agrument you had and you do not view yourself as separated from your husband, then you are not separated. I hope things work out for you.

Lindsay
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Old 12-03-2005, 09:30 PM
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Sounds like a fine line between being seperated and not being seperated.
What if one person wants to claim they are seperated, but the spouse refuses to admit it?
How would legal proceedings go from there?
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Old 12-12-2005, 12:23 AM
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Quote:
Originally Posted by Julie
Sounds like a fine line between being seperated and not being seperated.
What if one person wants to claim they are seperated, but the spouse refuses to admit it?
How would legal proceedings go from there?
It can happen. I had one case where the date of separation claimed by the wife and the husband differed by *4 years*. If a marriage is pretty bad and gradually declining, sometimes it's hard to set an exact date of separation.

The court has to decide who to believe about the date of separation. Judges will try to look at objective evidence, like how income tax returns were filed, joint vacations and things like that.

If there's a dispute as to the date of separation, it can make legal proceedings expensive, as everything will need to calculated for both dates of separation.
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