Hi everyone, this is my first post. I have viewed a number of the threads on here over the last 1.5 years as I've been going through my separation and now, divorce. I have a question regarding the date to put on the divorce application/affidavits. I'll try to keep this factual...
July 2006: Married.
Sept. 2011: Began trial separation after 10 months of counseling, etc. Ex moved out of our home and I remained there alone.
Nov. 2011: Ex moved back in to try reconcile. Didn't work. Decided that we would separate permanently effective Jan. 1, 2012, though she did not physically move out until Jan 23.
March 2012: Our home was sold and I moved. Proceeds paid off all debts and remaining cash retained in joint bank a/c pending future division.
June 2012: Separation agreement was prepared by lawyers, ILA obtained, and agreement signed. No property/support issues. To keep things simple for tax reasons (donation credits, refunds, taxes owed, etc.) the agreement was signed as of January 1, 2012.
So, to my question. Which date can I use on the application to the court? Our separation agreement states Jan. 1 2012, however, in reality it was Sept. 5 2011 when we first separated (with a trial reconciliation that was 2 mos long).
I'd like to use the earlier date so I can wrap up all this paperwork NOW rather than have this process drag on for an extra 4 mos. I am filing the paperwork myself to save legal costs, but my lawyer won't give me advice on the situation unless she handles the entire process... The only comment she made was that it's good to have common dates on agreements and applications, and I should avoid the optics of collusion.
Date on the agreement aside, the ACTUAL first separation date was Sept. 2011. Can I use that date for the court filing? The application for divorce asks for the initial separation date and any dates where reconciliation was attempted... I would think that would explain why the signed paper states Jan. 1...
Thanks in advance for any comments or help!
W
July 2006: Married.
Sept. 2011: Began trial separation after 10 months of counseling, etc. Ex moved out of our home and I remained there alone.
Nov. 2011: Ex moved back in to try reconcile. Didn't work. Decided that we would separate permanently effective Jan. 1, 2012, though she did not physically move out until Jan 23.
March 2012: Our home was sold and I moved. Proceeds paid off all debts and remaining cash retained in joint bank a/c pending future division.
June 2012: Separation agreement was prepared by lawyers, ILA obtained, and agreement signed. No property/support issues. To keep things simple for tax reasons (donation credits, refunds, taxes owed, etc.) the agreement was signed as of January 1, 2012.
So, to my question. Which date can I use on the application to the court? Our separation agreement states Jan. 1 2012, however, in reality it was Sept. 5 2011 when we first separated (with a trial reconciliation that was 2 mos long).
I'd like to use the earlier date so I can wrap up all this paperwork NOW rather than have this process drag on for an extra 4 mos. I am filing the paperwork myself to save legal costs, but my lawyer won't give me advice on the situation unless she handles the entire process... The only comment she made was that it's good to have common dates on agreements and applications, and I should avoid the optics of collusion.
Date on the agreement aside, the ACTUAL first separation date was Sept. 2011. Can I use that date for the court filing? The application for divorce asks for the initial separation date and any dates where reconciliation was attempted... I would think that would explain why the signed paper states Jan. 1...
Thanks in advance for any comments or help!
W
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