Deciding how to divide assets and debts can be one of the touchiest parts of getting divorced. An important factor to consider is what BlissDivorce calls the Date of Divorce Intent.
The Date of Divorce Intent is the date you or your spouse told the other you wanted to get divorced, and started acting in a way consistent with this. In other words, your actions have to show that you were serious about what you said. For example, your might have moved into a separate bedroom or contacted an online divorce service like BlissDivorce. On the other hand, if you continue to make public displays of affection or go to marital counseling, these are actions that show you were not serious about getting divorced.
The Date of Divorce Intent is important when you’re dividing assets and debts. Assets and debts acquired before the Date of Divorce Intent are generally presumed to be community property. But assets and debts acquired after the Date of Divorce Intent are presumed to be separate property. So the Date of Divorce Intent can influence who ends up with what property. (For more information on community and separate property see this article.)
In legal circles, Date of Divorce Intent is referred to as the “date of separation.” Don’t be fooled by this name. You don’t need to be separated, you just need to have stated your intent to get divorced and started acting accordingly. That’s why we call it the “Date of Divorce Intent.”
Source: shutterstock.com / Photo Contributor: Dean Drobot
For more information contact BlissDivorce.
*This article is for informational purposes only and is not intended to provide legal advice. If you require legal advice, please contact a licensed attorney in your local area.