Saturday, April 25, 2015

when filing legal separation in california does the date of separation start the day of filing?

Question

when filing legal separation in california does the date of separation start the day of filing?



Answer

"Date of Separation" is an "all the facts and circumstances" concept. Date of filing is a pretty clear latest date, but in many cases it may be much earlier than filing, and in some cases subsequent events my nullify that date.



Answer

The operative date the court will utilize is the one where it was clear the marriage was no longer intact.



Answer

It's when the spouses part ways with no intention of resuming marital relations. This can be a matter of factual dispute that is resolved by the court when the parties do not agree on the date.



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