Bar Bulletin

Bar Bulletin

Assessing Separation Date in Divorce Actions

May 2020 Bar Bulletin

By Kim Schnuelle and Elizabeth Mount Penner

A young man named Steve calls your office. He is in the middle of a divorce and is dissatisfied with his current counsel. Although things had not been going well with his attorney for some time, the event that triggered his call involved his wife’s insistence that their date of separation was the date she filed the dissolution case. As they had lived apart for four years prior to the case filing, Steve asked his counsel about her claim. His attorney told him, “Don’t worry. This is a minor issue and we will deal with it later,” and rebuffed his questions....

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