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Aug 28

Ellen Fischer – The Date of Separation

The date of separation is important, because that is the date on which the “Marital Estate” is identified.  In other words, it is the date that determines the assets and liabilities that will be relevant in divorce.

The law says that the date of separation is the date on which spouses begin living separate and apart.  Separate and apart is defined as “the cessation of cohabitation.”  So, if a spouse moves out of the house and rents an apartment, the lease can prove the date of separation.

Some couples live separate and apart in the same household.  There are many ways to prove living separate and apart, but if you are unable to do so, or if it does not matter (think winning a lottery ticket the day after the date of separation and how important that date can be), the law says that the date on which a Complaint in Divorce is filed with the Court is the date of separation.

Category:Ellen Fischer |

Latest News

Kind words from a client 1/9/19

January 9, 2019

John C. Fenningham Has Been Rated By Martindale-Hubbell As AV Preeminent For 2017 – Peer Rated For Highest Level Of Professional Excellence.

June 12, 2017

Timothy B. Fenningham, Esquire has been named a partner in the firm. Tim focuses his practice on Business Law matters, including Business Transactions; Commercial Litigation; Mechanics’ Lien Claims and Defense; Real Estate; Construction Contracts and Claims.

December 31, 2016

Posts by Ellen Fischer

Trevose lawyer receives statewide award for LGBTQ+ advocacy – Lower Bucks Times

December 23, 2020

Ellen Fischer – Bashing Your Ex on Social Media

September 4, 2020

Ellen Fischer – The Date of Separation

August 28, 2020

Ellen Fischer – The LGBTQ “Panic Defense”

August 21, 2020

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Five Neshaminy Interplex, Suite 315
Trevose, PA 19053
Phone: (215) 639-4070
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