What is the name of your state? CA
Hello all,
I have an eleventh hour question regarding the date of separation issue and hope that some one can shed some light on this for me. I'll try to be as thorough as possible:
During my initial consultation with my current attorney, I asked her what is considered to be the date of separation. Immediately, (without asking for details), she replied, "it's the date the other spouse left the marital home". Armed with that information, I then had a debate with my stbx because she claimed that she was advised that the date of separation is the date she filed for divorce because, she adds, we were not legally separated. So now, both sides have proceeded up to this point (just prior to settlement) as the date of separation being when she left the marital home, a full six months prior to her filing. Now, if it can be determined that the date of separation is and should be, in fact, the date she filed for divorce, my questions are:
1) Am I entitled to reimbursement for a portion of the mortgage payments I made from the date my stbx left, up to the date of separation?
2) Are we both liable for each others credit card debts from the date my stbx left, up to the date of separation?
3) Does exclusive use start when the other spouse leaves the marital home or does it start at the date of separation?
I should add that my stbx has a history of leaving for various lengths of time and, throughout our marriage, divorce had never been considered by either of us during those times.
Also, I did call my attorney's office this morning to bring this issue to her attention, however, her assistant didn't seem too concerned and now has me in somewhat of a panic mode. Any feedback with respect to these questions are greatly appreciated. I also hope this makes sense to everyone. Thanks.What is the name of your state?
Hello all,
I have an eleventh hour question regarding the date of separation issue and hope that some one can shed some light on this for me. I'll try to be as thorough as possible:
During my initial consultation with my current attorney, I asked her what is considered to be the date of separation. Immediately, (without asking for details), she replied, "it's the date the other spouse left the marital home". Armed with that information, I then had a debate with my stbx because she claimed that she was advised that the date of separation is the date she filed for divorce because, she adds, we were not legally separated. So now, both sides have proceeded up to this point (just prior to settlement) as the date of separation being when she left the marital home, a full six months prior to her filing. Now, if it can be determined that the date of separation is and should be, in fact, the date she filed for divorce, my questions are:
1) Am I entitled to reimbursement for a portion of the mortgage payments I made from the date my stbx left, up to the date of separation?
2) Are we both liable for each others credit card debts from the date my stbx left, up to the date of separation?
3) Does exclusive use start when the other spouse leaves the marital home or does it start at the date of separation?
I should add that my stbx has a history of leaving for various lengths of time and, throughout our marriage, divorce had never been considered by either of us during those times.
Also, I did call my attorney's office this morning to bring this issue to her attention, however, her assistant didn't seem too concerned and now has me in somewhat of a panic mode. Any feedback with respect to these questions are greatly appreciated. I also hope this makes sense to everyone. Thanks.What is the name of your state?