Still Live Together And Want Divorce? What Date Of Separation Do You Use?

Still Live Together And Want Divorce? What Date Of Separation Do You Use?

Hi, Tim Blankenship here with today we’re answering the question what date do you use for the date of separation when filing for divorce.

So here is the scenario, I will start a divorce case for someone and we have a worksheet for that or you can even start online at and there’s a questionnaire and one of the questions is date of marriage of course and the other is date of separation and probably at least half of the time the comment I get is Tim, we’re not legally separated, we’re still living together and that’s totally fine, that’s not what we’re asking for. So, for date of separation, here are some options that you can use.

Number 1, there may be a date in the past that stands out in your mind that you would consider to be the date of separation, maybe something happened on that particular date or something as much as you guys sat down and talked about it on that date, perhaps you started sleeping on the couch or in a different room on a specific date, those are all valid dates of separation, maybe a day you moved out of the family residence or the home you guys live in together, that would be another valid date.

If there is no other date in mind and say you guys are very amicable and you just talked about it, and you’ve just called me and we’re getting the ball rolling then using the date of filing is a date of separation.

You have to have a date of separation when you file your petition, you cannot leave it blank, it will be a rejected, they won’t reject it but it will be cause for your divorce case to be rejected when you turn in your judgment, so make sure you have both a date of marriage and a date of separation and if there’s no previous date in the past that makes sense then you just use the date of filing as your date of separation.

Tim Blankenship, hope you’re having a good day, if you need any help please give me a call 661 281 0266 and take care.