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  • Separation Date

    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?

    Thanks

  • #2
    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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    • #3
      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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      • #4
        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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        • #5
          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.

          Comment


          • #6
            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.

            Comment


            • #7
              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, 11:28 AM.

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              • #8
                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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                • #9
                  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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                  • #10
                    is separation an end

                    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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                    • #11
                      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.

                      Comment


                      • #12
                        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

                        Comment


                        • #13
                          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

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                          • #14
                            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

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                            • #15
                              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

                              Comment

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