Comments on: Separation, If a woman asks her husband for a divorce on May 25 and the husband contiues .. http://askinglaw.com/separation-if-a-woman-asks-her-husband-for-a-divorce-on-may-25-and-the-husband-contiues/ Legal & Law Information Tue, 16 Mar 2010 16:04:30 -0600 http://wordpress.org/?v=2.8 hourly 1 By: violet petran http://askinglaw.com/separation-if-a-woman-asks-her-husband-for-a-divorce-on-may-25-and-the-husband-contiues/comment-page-1/#comment-13760 violet petran Wed, 25 Nov 2009 17:39:29 +0000 http://askinglaw.com/?p=8267#comment-13760 It does not sound like there was a legal separation here. Legal separation is different than a divorce and is also something that needs to be filed with the court. The date of the intial filing is maybe the question you are asking and that would be whenever she filed the papers with the court but absent a formal filing for separation that is separate from the divorce filing, there is no separation. The date of separation, for divorce purposes is defined as when spouses have come to a parting of the ways with no intention to continue the marriage. Although states vary as to how they define date of separation, the couple's conduct must evidence a complete and final break in the marriage. Conduct such as living apart, by itself, would probably not determine date of separation since many couples live separately without intending to end their marriage. http://www.legalmatch.com/law-library/article/date-of-separation-in-divorce.html It does not sound like there was a legal separation here. Legal separation is different than a divorce and is also something that needs to be filed with the court. The date of the intial filing is maybe the question you are asking and that would be whenever she filed the papers with the court but absent a formal filing for separation that is separate from the divorce filing, there is no separation.
The date of separation, for divorce purposes is defined as when spouses have come to a parting of the ways with no intention to continue the marriage. Although states vary as to how they define date of separation, the couple’s conduct must evidence a complete and final break in the marriage. Conduct such as living apart, by itself, would probably not determine date of separation since many couples live separately without intending to end their marriage.

http://www.legalmatch.com/law-library/article/date-of-separation-in-divorce.html

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