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Difference between revisions of "How Do I Separate from My Spouse?"

From Clicklaw Wikibooks
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==Proof of separation==
==Proof of separation==


Generally speaking, when someone says they have separated from their spouse, the court doesn't conduct an inquiry or look in any depth into whether or not someone communicated a clear and immediate intention to separate at that time.
Generally speaking, when someone says they separated from their spouse on a date, the court doesn't conduct an inquiry or look in any depth into whether or not someone communicated a clear and immediate intention to separate at that time.


However, proving the date of separation can be very important in terms of an entitlement to spousal support and dividing property and debt, and this can sometimes be a challenge. If this is going to be a problem, then the only sure way of proving when separation happened is the date that one spouse moves out. It's hard to argue about that. As an <span class="noglossary">alternative</span>, you might try writing a letter or sending an email announcing the separation to your spouse. Be sure to  keep a copy.
However, proving the date of separation can be very important in terms of an entitlement to spousal support and dividing property and debt, and this can sometimes be a challenge. If this is going to be a problem, then the only sure way of proving when separation happened is the date that one spouse moves out. It's hard to argue about that. As an <span class="noglossary">alternative</span>, you might try writing a letter or sending an email announcing the separation to your spouse. Be sure to  keep a copy.