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Definition Separation - a husband and wife no longer live together.

Application in Divorce Some jurisdictions permit divorcing couples to physically live with each other during the divorce.

However, all require a DOS -- the date of separation, which is important in the calculation and determination of the marital estate subject to distribution.

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Questions & Answers

Should you get a divorce?

Remember, you are not the only person involved in this divorce. It takes two to tango, and if you have children, they will be involved as well. Divorce is an emotional, social, and financial minefield that you should enter with care. There is a lot to consider beyond the simple thought of ending a relationship. What about your relatives? What about your mutual friends? What are the financial repercussions? How do I tell the children? What will the children do? Etc.

Contributed on 9/10/2007 by: Divorce Source, Inc. Allentown, PA [Total Contributions: 60]

Category: Separation (Applicable in All States)

Is a separation the same thing as a divorce?

No, legally speaking, a separation is very different from a divorce. A divorce is a legal proceeding whereby spouses cease to be husband and wife. A separation occurs when the couple is living apart but are still legally married. In the case of what is known as a "legal separation," a judge will rule on the property issues, child custody, visitation, and support, but will not grant a divorce. The couple has divided their household, but are still husband and wife until deciding to divorce.

Contributed on 9/10/2007 by: Divorce Source, Inc. Allentown, PA [Total Contributions: 60]

Category: Separation (Applicable in All States)

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Helpful Tips & Facts

The Date of Separation
Jurisdictions define the DOS in different ways. In some states, the DOS is the date one spouses tells the other of divorce plans. In others it is the date of departure. In any case, however, at some point a definite and permanent separation date must be established.

Contributed on 8/1/2007 by: DivorceDex.com Staff
Category: Property Division (Applicable in All States)

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Additional Resources

Separation Means True Separation

I’m currently living with my wife while I look for another place to live. (We plan ultimately to divorce.) I understand that there needs to be a period of separation before the courts grant a divorce. Is there a legal definition of "separation" which I should be aware of?

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