QUESTION
How do I prove separation time in the home?
Asked on Dec 15th, 2012 on Divorce - Washington
More details to this question:
I filed divorce. She replied agreeing to everything but the date I actually moved out, even though we have been separated while in the house long before? I don't want to wait another day. How can I move forward when it is her word of the date I move out against the truth of us being separated long time in the home first?
10 ANSWERS
3 Awards
Good question. I think you can file a motion for special relief on this. The judge may rule on it at the time of the motion, but most likely will set a hearing. Gather your evidence and see an attorney.
Answered on Mar 19th, 2017 at 5:52 AM
William R. Pelger, Attorney Munhall, Pennsylvania 412-461-1900
The date of separation can be handled by evidence provided to the judge. Just because the two of you still lived in the same house doesn't mean you weren't separated. You probably should have some help from a family law attorney in your county for this issue.
Answered on Dec 18th, 2012 at 2:23 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Unless if affects the property split, it doesn't really matter when you were separated. Ignore the small things and get divorced.
Answered on Dec 18th, 2012 at 1:02 PM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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The term "separation" is not really significant in the divorce process. I suggest you hire a lawyer.
Answered on Dec 18th, 2012 at 1:02 PM
Immigration Law Attorney serving San Jose, CA
Partner at
Ahluwalia Law Professional Corporation
It is difficult to prove date of separation if you continued to live in the same house. Burden to prove a certain date or any fact is on the person who alleges such fact. In other words, the burden to prove the date of separation you claim is on you. You can prove by your testimony or a witness (someone you talked to your separation about) or documentary evidence (email, change of relationship notification to some service provider, etc).
Answered on Dec 18th, 2012 at 1:01 PM
From the information you provided, I'm not sure why the "separation" date is significant - generally, the assets and debts are divided as of the date the Petition for divorce is served upon the other party (regardless of when the parties "separated"). If you both agree on all other terms, I see no reason the divorce cannot proceed based on those agreements. I recommend you consult with an attorney to discuss the process from this point forward.
Answered on Dec 18th, 2012 at 1:00 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I do not understand why this would be an issue, generally the only date that counts of divorce is the date of the filing of the complaint.
Answered on Dec 18th, 2012 at 1:00 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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If you intend to attempt to prove date of separation while living in the same home, you will need an attorney, as this is a very difficult burden to prove. Even with an attorney, there is no guarantee that you would win at a trial, but that is your best hope.
Answered on Dec 18th, 2012 at 1:00 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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Find out whether it matters if you use her date or the "correct" date. The ramifications may be minimal.
Answered on Dec 18th, 2012 at 12:59 PM
The separation date means very little in your case. It's time you moved on and finalized your divorce.
Answered on Dec 18th, 2012 at 12:59 PM