How does date of separation affect divorce California? Date of separation can be a huge factor in your divorce, especially when it comes to finances. From a property perspective, the actual date can mean the difference between an asset being considered community or separate. Separation date can also determine whether a marriage is considered long or short term.
Is date of separation same as divorce? The exact day that you and your partner separate is called the date of separation. This date is important because it affects things like: How soon you can get a divorce : One way of getting a divorce is by being separated for a year. The date you separate is the day you start counting this one year period.
Why does date matter in separation? The date of separation plays a critical role in equitable distribution and determining the parties’ interests in property and debts. The property that the parties acquired during their marriage and owned as of the date of separation is presumed to be marital property that is subject to division.
Can you date when separated in California? A commonly asked question about legal separation that I hear often is “Can I date while I am legally separated?” Technically the answer is yes because California is a no-fault state. However, if you have children, be advised that dating while legally separated could influence child custody arrangements.