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What is the date of commencement and why is that important in my divorce action?

Writer's picture: Brittany DolanBrittany Dolan


The date of commencement is the date that a Summons and Complaint is filed to begin a divorce action. This signals the end of the marital portion of any assets or liabilities. Any marital accounts that have been accrued during the marriage stop accruing as marital accounts at that time. For example, each spouse is entitled to one-half of the other spouse’s retirement accounts from the date of marriage to the date of commencement. The date of the filing of the Summons and Complaint is important because it stops the accrual of any marital accounts.


The date of commencement is also important because once the divorce action begins and your spouse is served with the Summons and Complaint, the Automatic Orders come into place. These Orders require that everything remains status quo. This means that no changes can  be made to health insurance, life insurance, etc. and all payments of bills and such must remain the way the were during the marriage.

 
 
 

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