How Does The Date Of Separation Impact Your Divorce Case?
If you are going through a divorce, you may think certain details are minor but in fact, they are very important to your case. The date of your legal separation is one of these. Sometimes, the date of separation is very straightforward, such as when one spouse moves out of the family home. In other instances, though, the date of separation is not as clear. If you are about to end your marriage, our Media divorce lawyer can help you determine what the date of your separation is and why it is important in your case.
Understanding the Date of Separation
Pennsylvania law stipulates that when two spouses live ‘separate and apart,’ it means they are no longer living as a married couple. The law is very specific and also stipulates that spouses are not required to live in two separate residences. However, they must only act as though they are no longer married.
For example, two spouses may remain in the family home after deciding to get a divorce. They may not interact with each other, and they may even eat their meals separately. This situation may be enough to constitute living separate and apart. On the other hand, even if two spouses had decided to get a divorce but they remained sexually active, that would not be considered living separate and apart because the couple would still be acting as though they are married.
The family courts will take many factors into consideration when determining the date of separation for a couple. For example, the date one spouse filed the divorce complaint with the court may serve as the date of separation. Or, a court may use the date one spouse hired a divorce lawyer as the date of separation.
Why is the Date of Separation Important?
The date of separation is the same date a couple started living separate and apart. There are two reasons the date of separation is important. The first is that the date of separation determines how long a couple must wait before they can legally get a divorce. Couples in Pennsylvania often must live separately for one full year before getting a divorce. Even after one person files, a couple must wait 90 days before their divorce can be finalized.
The date of separation is also used when determining which property is considered marital and which is considered separate. After a couple starts living separately from each other, it can be argued that any property they acquire during that time is separate and cannot be considered marital.
Our Divorce Lawyer in Media Can Advise On Your Case
Sometimes small details such as the date of separation can have a significant impact on your case even if you do not realize it. At Barbara Flum Stein & Associates, our Media divorce lawyer can advise on all the details in your case so you are fully prepared and know what to expect going forward. Call us now at 610-565-6100 or contact us online to schedule a consultation and to get the information you need.
