Can I Use Date Of Separation For California Divorce Beyond Date Of Filing
Hi, Tim Blankenship here with divorce661.com. In this video we’re talking about the date of separation you use on your petition or response when filing for divorce.
Now, this is not about what you should choose to use as your date of separation, a date you moved out, etcetera, we’ve talked about that in countless other videos. We’re talking about the day that you use, meaning you cannot use a date in the future for the date of separation. So, when you go to file for divorce let’s say, what is today, today is September 5th.
Let’s say you’re filing for divorce on September 5th but you’re saying that September 30th is your date of separation, you can’t do that. Your date of separation has to either be the date of filing at the very soonest, if there is no other date because you’re filing for divorce so there has to be a date of separation or any date in the past that would normally make sense.
It just can’t be a future date so, if you’re going to file for divorce and say your date of separation is on a specific date in the future then you’re going to have to wait to file for divorce until that point, you can’t have a future date of date of separation, it doesn’t make sense. You can’t file for divorce and say but our separation date is 3 weeks later from the date of filing of divorce.
I’ve only seen that happen a handful of times and both happened last week, so I wanted to make a comment on it, where a party said we want to file but we want to use this for a date of separation, I said well we’re just going to have to wait to file on that date. Tim Blankenship, divorce661.com. Hope you’re having a great day, talk to you soon.