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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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  #1  
Old 06-19-2018, 09:48 PM
Karma2016 Karma2016 is offline
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Default Date of Separation Dispute

After 27 months of being physically separated, my wasband finally handed over his financial disclosure a few weeks ago. Most of it. It took two years of me requesting it and a couple of motions to be filed to get him to do so, and Im about $25,000 into legal fees already. And nothing much has happened yet.

We were married 23 years. I was a stay at home mother for the majority of that. Hes a lawyer and owns his own practice.

Since leaving (March 2016), he has been trying to get me to agree to an earlier date of separation which coincides with his year-end (September 30, 2015). He claims its just easier to calculate his assets and valuate his practice. For the first six months, his lawyer sent mine bullying letters indicating September 30 was the appropriate DOS and that we knowingly lived separate and apart but in the same house. (Not)

I have not agreed. First, he secretly bought a house after his year end, had it renovated and readied to move in 3 months later. Second, I feel he either withheld billing clients or received a large payout on files after his year-end that he doesnt want to share.

Once he realized I was relentless refusing to change the date to September 30, 2015, he came up with a cockamamie story that the date of separation is even earlier, February 2015, because I apparently abused him and it was then he decided he would separate from me. (Thats not true obviously). So he needs to convince a judge that (a) I abused him and (b) it took him 13 months to move out.

We have a one day trial scheduled for October 2018 to determine the date of separation.

I hired a forensic accountant to study his financial documents. She has been requesting quite a number of additional information and proof of receipts and on a few suspicious entries. All of a sudden, yesterday and today, my lawyer received several emails from his suggesting that he will agree to using the day he left me (March 2016) to valuate our assets, but wants me to agree to use September 30, 2015 just for his practice. They are eager for an answer.

So, what says you all? I say it stinks in Denmark. Have you ever heard of using more than one date of separation for valuation purposes? My gut tells me he knows the jig is up; the forensic accountant is going to figure out he is hiding money/assets and he wants an agreement as to the DOS before she does. As well, he knows hell lose at the one day trial and I will be awarded costs (hopefully).
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Old 06-19-2018, 09:58 PM
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arabian arabian is offline
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See what he says to you offering to agree to the September 30th date but 2016 instead.

He needs to get a better accountant. It doesn't make much sense to me. Shouldn't be difficult (to use March 2016) unless he has cut in a new partner.
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Old 06-21-2018, 01:30 AM
denbigh denbigh is offline
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good idea arabian, they are both 6 months off the real separation date, so if the real issue is year end, he should be just as happy with 2016. that would be quite telling.

it seems like he is trying to bully you or run you out of money with lawyers fees before you can actually get to court.
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