In re Marriage of D(confidential)
Jan 01, 1997OUTCOME: The trial court held that the Date of Separation was January 1, 1982 because the meeting with children took place on an undetermined date in December, 1981. The Trial Court's findings were upheld on appeal
In 1992, wife filed for Dissolution of Marriage claiming irreconcilable differences setting forth a Date of Separation as 1992. I represented Husband. Husband's Response alleged Date of Separation t ... o be 1982. It was undisputed that H moved out of the residence in 1981 when he discovered that W was having an affair and after they had a meeting with their five children. W claimed that the separation date should have been 1992 because H and W acted as husband and wife on paper, signed joint tax returns and H continued to support the family without W needing to obtain support orders. W also had her significant other living in the house.
