Simple Divorce Papers

However, if they stayed together until November 30, the new date of their separation would be November 30 because they had resume cohabitation for the purposes of reconciliation for over 90 days. In this latter case, if they had signed a separation agreement based on the separation date of May 1, it would be of no effect and they would need to negotiate and sign a new separation agreement based on a separation date of November 30.

The exact date of the separation is important for several reasons. Usually, when determining how matrimonial property should be divided the court will assess the property based on its value on the date of separation. For example, if a car was worth $10,000 on the date of separation but only $6,000 on the day the court makes a decision about who gets what, the spouse who has been using the car since separation will usually get the car while the other spouse will receive $5,000 in other assets as his or her share of the car’s value.

The other reason for the significance of the separation date is that almost all divorces are based on separation for at least 12 months. The court will not grant a divorce until those 12 months have expired and needs evidence, usually in the form of an affidavit from one or both spouses, that they have been separated for at least 12 months.

Spouses can separate without any involvement by the court. In other words, they do not need anybody else’s permission to separate, even the other spouse. As we said earlier, separation occurs once one spouse acts on an intention to end the spousal relationship. While this carries legal weight, as we discussed above, it does not by itself terminate the marriage. Only a divorce order signed by a judge can end a marriage.