The date you and your spouse separated can be important to several issues in a divorce proceeding. Some of the issues pertinent with a divorce date of separation in Oklahoma include measuring the length of marriage and property determinations.
Knowing what the elements are in establishing date of separation help prepare you if you are filing for divorce. Your family divorce attorney can go over the elements with you and help you establish a date.
High conflict and large family divorce attorney fees can be evaded by simply understanding the elements that constitute the divorce date of separation.
Property Rights
The divorce date of separation establishes the end of the marriage when it concerns property rights. Anything acquired during the marriage is marital property. However anything acquired after the date of separation is considered separate property.
This is particularly important if a spouse receives a bonus, any stock options, or large commissions right after what they claim is the date of separation.
In addition, if your spouse suddenly starts racking up hundreds of dollars of credit card debt after you have separated, you want to make sure you are able to prove the date of separation occurred before the debt started accruing.
Affect of Date of Separation
In addition to property rights, there are several other issues the divorce date of separation affects. These include:
- Length of alimony payments
- Valuation dates of property and assets
- Debt liability
- Income characterization
- Retirement account characterization
- Tax liability
- Expenditure reimbursements and credits
- Marital asset rental charges
- Breach of fiduciary duties
- Misappropriation
While the parties may believe there are several different dates of separation, the intent, words and conduct of the couple is what determines the ultimate divorce date of separation.
Subjective Intent
Intent is the foundation of establishing a date of separation. In Oklahoma, a family divorce attorney can help you establish how intent is proven and common instances of intent. For example, if both spouses decide the marriage is over and reconciling is not possible, or the couple explains to family and friends their intention to separate.
A silent decision that the marriage is over is not enough to qualify as a date of separation. The intent by one spouse to the other must be so clear that the only conclusion both spouses make is that a separation occurred.
Both spouses must consider the marriage over, both must possess the intent.
Conduct Consistent with Intent
However, intent is not enough. The couple must display conduct consistent with their intent to divorce. This can include one spouse moving out or simply to another bedroom, removing their wedding ring, or hiring a family divorce attorney.
The grounds to determine date of separation can be summarized into the following elements:
- spouses must consider the marriage to be over;
- no possibility of reconciling;
- and any sexual relationship has ceased.
Free Consultation with a Tulsa Divorce Lawyer
The laws of the date of separation were designed to ensure that if a separation occurs, both parties know unequivocally that a separation has occurred. This makes property and many other family law issues easier to determine.
Meeting with a family divorce attorney will help understand the elements more thoroughly and be prepared during the divorce process.
Contact an experienced Tulsa divorce attorney when you need to go through the Oklahoma divorce process.
For a free confidential consultation, call now: 918-924-5526.
