What do you need to know about establishing the Date Of Separation in a Louisville divorce? The Date Of Separation (DOS) is a crucial date in any Kentucky divorce. The DOS marks the point in time where the “marital unit” ends, and the former spouses can begin to accumulate their own separate assets and financial accounts. The Date of Separation is the moment when each former spouse’s income, earnings and any investments they make are no longer considered to be the “marital property” of both spouses. The Date of Separation will be important in many aspects of the case from the division of marital property and retirement assets to the impact of marital property interests in a business or professional practice.
However, there will still be other orders in effect which govern the actions of each party and this is why it is important to discuss the unique circumstances of your case with the proven, experienced divorce and family law attorneys at Dodd & Dodd.
When the divorce summons is issued there are usually Automatic Temporary Restraining Orders or ATROs which govern the actions of both parties. ATROs may prohibit each person from opening a separate bank or investment account or transferring any assets or money. You must obey the orders of the court and understand your fiduciary responsibilities (the duty to act in your former spouse’s best interests) until the final divorce decree is issued.
What else do you need to know about establishing the Date Of Separation in a Louisville divorce? Spouses used to have to physically separate here in Kentucky, but the law was recently changed to clarify the questions surrounding the DOS. The law requires two things to occur to establish the DOS:
- One spouse has clearly expressed his or her interest to end the marriage to the other spouse, and
- The conduct of the spouse from that point forward is consistent with his or her intent to end the marriage
While there are many proven strategies for establishing the Date Of Separation in a Louisville divorce the Court will formally establish the Date of Separation, based upon the evidence in the case. The filing of the divorce is one obvious marker in these cases, but there are many specific issues you should consider. Is it in your interest to have an earlier or later DOS? How will the DOS affect your own divorce and financial circumstances? We invite you to review the strong recommendations of our former clients and contact us or call 502-584-1108 to schedule an appointment with one of our experienced divorce and family law attorneys.
