Separation date important for determining divorce date

On behalf of Peterson Stark Scott posted in Divorce on March 17, 2020.

Deciding to separate leaves a couple with many things to consider. When separation will ultimately lead to divorce, British Columbia individuals need to keep in mind the date they actually separated since that will have a bearing on a number of issues. It’s not always the easiest to pinpoint an exact date, however, since some couples decide to remain under the same roof during the separation.

If a couple no longer maintains a level of intimacy or no longer have a sexual relationship (have separate bedrooms) and have made that decision based on separation, the time that decision was made could be used as the date of separation since couples living in the same space can still be separated under the law. But when couples separate and decide to reconcile or if one individual regards the relationship as ongoing, the separation date could actually be clouded. The court looks at a number of factors if a couple can’t agree on a separation date.

A family court judge will review how a couple had been communicating with each other and with family and friends. He or she will also look at what changes have taken place in raising any children — if the parents spend time separately with the children and if each person has individual responsibilities. A judge will also consider changes in household responsibilities and social activities of the couple when making a ruling on a separation date.

These are issues that British Columbia residents may take up with an experienced divorce lawyer. Sometimes there are things — like the date of separation — which can be confusing for a client heading into the divorce process. A lawyer may be able to clarify and expound upon these types of issues.

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