The date of separation in divorce cases is one of the most important facets of the proceedings. At its most basic definition the date of separation is the date of a physical residential relocation of one spouse with the intention of at least one spouse that the separation be permanent. This date is important in determining the earnings and accumulations of each spouse after they intend to divorce.

This date of separation is much more than just a rift in the relationship. The separation only occurs when the parties have come to a parting of the ways with no present intent to resume their marriage or relationship. Their conduct at the time of the separation should illustrate a complete and final break in the marriage.

While moving out of a shared residence may indicate a desire to separate, it does not always result in an official date of separation. If there is evidence of continued association, be it economic, emotional, or social, it could be argued that the move did not signify the end of the relationship and the date of separation. Things like continued sexual involvement, joint vacations, joint acquisitions, use of joint credit cards or checking accounts, exchange of gifts or continued contributions to the marital relationship can all signify intent to remain married and not separate.

It is important to note that following a date of separation, a spouse’s “earnings and accumulations” after a judgment of legal separation are his or her separate property. This is why establishing a date is so important in divorce proceedings. However, due to its importance, dates of separations are also one of the most contested issues in divorce proceedings. A qualified divorce attorney in Los Angeles will have the knowledge and experience to research the couple’s living situation and history and argue the best possible date of separation for their client.

If you find yourself in the midst of a divorce, it is of the utmost importance to hire a qualified family law attorney as soon as possible. The right attorney can help defend your interests during this difficult time, ensure a favorable divorce settlement. Call Wallin & Klarich today at 1-888-749-7428 for a consultation of your situation.