need to know about the Date Of Separation

What Do You Need to Know about the Date Of Separation (DOS)

Pierre Domercq Divorce

What do you need to know about the Date Of Separation (DOS) in a Carlsbad or North County divorce?  The Date Of Separation is a crucial date in any California divorce.  The DOS marks the point in time where 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 “community property” of both spouses.

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 experienced Certified Specialists at Burke & Domercq, LLP.

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 the Date Of Separation?  Spouses used to have to physically separate, but the law was recently changed to clarify the questions surrounding the DOS.  The law requires two things to occur to establish the DOS:

  1. One spouse has expressed his or her interest to end the marriage to the other spouse, and
  2. The conduct of the spouse is consistent with his or her intent to end the marriage

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 strategies 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?  This is why it is important to contact Burke & Domercq or call 760-712-3741 to learn more and schedule an appointment.