In WA state, what is legal date of separation or divorce?

Generally, the court can choose the date at which they find the marriage to be "defunct" and to effectively value and characterize assets and debts for purposes of distribution in a dissolution of marriage case at any time from when the parties physically separate (usually meaning that they no longer reside together) up until the date of trial. The total length of marriage is determined from the date of marriage to the date of entry of a decree of divorce, also known as a decree of dissolution of marriage. Sadly, the answer to this question is not straightforward and depends on the context and the purpose for which this date is significant.

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The date of divorce is the date the court issues a final order dissolving the marriage. See link to form. Dates of separation and dates of legal separation are different.

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Courts normally rule that the date of separation is the date on which the parties physically separated with the intent to divorce. If they are living together when the divorce is filed, the separation date is the date of the filing. The date of the divorce is the date on the decree of divorce signed by the judge. If you can prove that your ex concealed assets from you and the court, you should be able to vacate the final decree for fraud and have the court assets that were not distributed under Civil Rule 60(b). It sounds like she is clearly in violation of the decree. If so, you need to file a motion for contempt. The judge can give her a deadline to comply or be fined; in the worst cases she can be sent to jail. I have sometimes gotten an order saying that my client is authorized to sign for the other spouse. It’s always best to consult with a good family law attorney to discuss the details before you act. See my AVVO Legal Guides on divorce and division of assets and debts for more information about the legal issues raised by your inquiry. Please keep in mind that although my AVVO Answers and Legal Guides are often informative, they are no substitute for legal advice from an attorney you have retained for consultation or representation. There are always exceptions to the general rules. To find my Legal Guides, click on my photo. On my AVVO home page click on "Contributor Level - View Contributions" or scroll down further and click on "Contribution - Legal Guides." Scroll down the list of my 32 Legal Guides and select the topics relevant to your question. If you like my answer and Legal Guides, please make sure you mark them as “helpful” or “best answer”. © Bruce Clement

©Bruce Clement. This AVVO Answer is provided for general educational purposes only. By using or participating in this site you agree and understand that there is no attorney client relationship between you and the attorney responding, and no attorney-client confidentiality. The law changes frequently, and varies from jurisdiction to jurisdiction. The information provided in this Answer is general in nature and may not apply to the factual circumstances described in your question. The applicable law and the appropriate answer may be different in the State or States where the relevant facts occurred. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.