Most marriages end not suddenly, but gradually. However, as far as the law sees things, the exact date you and your spouse parted ways is important. To find out why, read on to learn more about the date of separation, or the DOS.
When Was Your Date of Separation?
It can be difficult to pin down a single day when parties about to divorce actually call it quits. Whenever you are no longer living under one roof can easily become your DOS. When you speak to your lawyer about your divorce, you are likely to be asked when you or your spouse moved out of the home. Things will go much better if you both agree that the DOS was on the same day. You might just think your lawyer is being nosy, but that date is probably more important than you think.
The DOS issue can vary by the state, however, so speak to your lawyer about how your state puts a stamp on a certain date. Some states don't use the date someones packed up and left, but they do use the date the divorce was filed in court. Other states allow things to be more vague by asking the couple to state a date when they began discussing divorce. Then, there is the issue of couples that plan to divorce but are forced to remain under one roof for economic or other reasons. Ask your divorce lawyer for help in determining your DOS.
How DOS Issues Can Arise
This date needs to be set mainly for financial reasons. The property and debt settlement agreements can be based on when the couple stopped being a couple. For example, you might not want to be financially responsible for your spouse's credit card use as they purchased items for a new apartment. Besides debt, retirement benefits as marital property can be influenced by the DOS. Take also, these issues that may be affected by the DOS:
To learn more about divorce law and how the DOS will affect your own divorce issues, speak to your divorce lawyer.
Share26 July 2021
Are you going through a divorce? Do you have kids? If so, do you know how to handle the many struggles you will face when it comes to your kids? Even if you and your spouse can get through the divorce while agreeing on the custody arrangements, there will be struggles that you may not have planned for. For example, who will handle the educational, medical or other decisions about the kids? Is it something that you will decide together, or will one parent make the decision and the other one agree? My site contains several tips that can help you plan for the struggles you will go through in the future and make the situation a little easier for your entire family.