On your first visit with an attorney, he or she will most likely ask about your date of separation. If the date of separation is unclear or the parties disagree, the court will look at two different tests to determine the separation date: To answer the objective test, the court will determine when you started living apart from each other. That usually happens when one of you moves out of the family home. Even if spouses are still living in the same home, there are ways to ensure physical separation. In such cases, however, the evidence would need to demonstrate unambiguous, objectively ascertainable conduct amounting to a physical separation under the same roof. Physical separation is not enough to show that you are separated.
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