WomensLaw serves and supports all survivors, no matter their sex or gender.

Hotline

Divorce

How do I prove the date of separation so I can file for divorce?

THIS ADDRESSES A SITUATION WHERE THE STATE REQUIRES THE PARTIES TO BE SEPARATED FOR A CERTAIN TIME PERIOD AS A GROUND FOR DIVORCE:
Although I cannot specifically speak to how STATE handles this, in many states, the petitioner’s sworn statement in a divorce complaint may be enough to establish when the parties separated. Additional proof may not be needed unless the spouse contests the fact (fights against it) and claims that the parties were not separated on that date (or that they have not separated at all). Then, perhaps things such as witness testimony or a new lease signed by one of the spouses or a change in who pays the home’s mortgage or other documents may be useful to introduce in court. Or, some courts will start counting the separation date from the date the first divorce papers were filed if it cannot be proved otherwise. Again, I am not specifically knowledgeable about STATE’s laws and procedures so I don’t know whether or not the date has to be proved with documentary evidence when the person files for divorce or not. To find this out, you can talk to a STATE divorce lawyer who should know this information - here is a link for free and paid lawyers:STATE

I also goolged the topic and found this article, which is NOT specific to STATE but seems to talk about the different purposes and ways to prove dates of separation - please note, however, that WomensLaw is not affiliated with this website and cannot vouch for the accuracy of the information contained - I offer it for your information only: http://www.qdrodesk.com/qdro/Determining-the-Date-of-Separation-for-Purp…

Lastly, I want to link you to the divorce information that we have about STATE on our website, WomensLaw.org, in case it may be useful in any way: STATE