Adoption 101: The Legal Fundamentals

The Day of Separation and Why It Matters

11 June 2020

Brayden Miles

Most couples don't pay much attention to the date their marriage dissolved. That is because things often happen over a period of time rather than on a single date. The date you separate and plan on divorcing, however, may have more meaning than you realize. Read on to find out more about the DOS, or date of separation.

What Does the DOS Mean?

You will be asked about the day you and your spouse began living separately by your lawyer. The DOS is the day when officially execute plans to part ways. It's vital that you and your spouse both take note of and agree on the DOS because this issue is bound to arise during the divorce. Often, the date can be traced to apartment leases or other events. It can also be the date one of you packs your bags and leaves.

What Are the Variations on the DOS?

It's helpful to know that the DOS can be attached to various events in various states. In some states, the DOS is the date one of you moves out but in some states, it's the date you filed for divorce. Some states take the DOS back to the day when one spouse informed the other of their intention to divorce. Speak to your divorce lawyer as soon as possible to find out what event your state goes by. It's worth mentioning that economic factors can cause a divorcing couple to remain under one roof for a while after they agree to divorce. If you plan to live together for a bit, talk to your lawyer about the DOS right away.

Why Is the DOS So Important?

The DOS can impact several areas of your divorce. Once you are separated, you should not be responsible for your spouse's spending decisions. If you both have a debit or credit card, do you want to pay for furnishing your spouse's new solo apartment with it? Not only is spending and debt divisions based on the DOS, things like the value of your real estate and retirement plans are also contingent on that date.

More issues with the DOS can involve minor children. For example, you may need to prove that you and your spouse were still living together when an accident involving the child occurred in your home. Also, child support may be based on the DOS and will signal the official beginning of the payment plan.

To find out more about this important date in the early stages of your divorce, contact a family law firm.

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About Me

If you've decided that you want to adopt a child, the first thing you should do is reach out to a family law attorney. While it may not seem logical to get an attorney involved from the start, it's important that you protect yourself legally from the beginning. After making the decision to adopt, I have been through the process several times. I created this site to help other adoptive parents understand what they can expect from the entire process, including the legal support you're likely to need. I hope this information helps you feel more confident in this major life decision.