Contested Separation Date


#1

I told my husband at the end of March 2010 that I was planning on moving out and asking for a divorce. It took me a few weeks to get a plan together since I was a student and relied on him financially. In mid-April (don’t remember the exact date) I packed up some clothes and started couch surfing and staying at my school office. At the end of April a friend offered to let me stay with her until I could get back on my feet, which I did starting at the beginning of May.

When we initially put together our separation agreement we put April 15th as our date of separation. When we got around to having it signed and notorized (I was out of the country for a month for work over the summer) he had changed the date to May 6 (date I finished moving some of my furniture out), insisting that I was living with him until then. He refused to change it and I needed the financial settlement that I would get, so I signed it with the plan to still file in mid-April. I figured I could do that since the agreement is worded that we were separated “on or around” the date entered.

Do I need to change anything to be able to file in April or can I just file and hope he doesn’t make a stink over it? How would it generally be handled if two parties disagree as to when they separated?


#2

If you signed an Agreement, before a notary that states your date of separation was in May, the court will presume that is the correct date and if you allege it was earlier it could result in a hearing to determine the actual date, and may call in to question the veracity of your allegations in the complaint. I would suggest you simply wait until the date stated in the agreement to file for divorce.