Still Living Together But Getting Want A Divorce In California

Still Living Together But Getting Want A Divorce In California

Hi, Tim Blankenship here with Today we’re talking about the fact of people getting divorced but who are still living together, 1st off let me say that this is very common.

The reason that I want to say that this is very common is because people call and they say Tim, we were going to get divorced but we’re still actually living together, we’re not separated. So, I want to let you know that’s, I don’t want to say the majority of time but maybe 50 percent of the time, people are still living together and for a variety of reasons you’re living together and you have decided to get divorced, of course you haven’t separated, some people do.

It just depends on where you’re at in the decision making process and a lot of times its financial related, you guys haven’t made the decisions financially on how this is going to look maybe through spouse support, or selling of the house or purchasing new homes or renting or moving on with your life, so many times it’s not practical to be physically separated.

In California, you do not have to be physically separated to file for divorce, it’s not that like in some other states but in California you can still live in the same home and not be physically separated, you don’t have to have any trial separations or anything like that in California, other states you do.

In California when you file for divorce you will state a date of separation, you’re going to say that we separated on this date or maybe we talked about separation on a particular date but if there is no other date in mind, because people say Tim what’s our date of separation, we’re not separated.

So if there is no date in the past that you would call your date of separation, then generally what we do is just have the date of filing or the date that you signed the petition as your date of separation, because you do need to have a date of separation on your divorce petition when you go to file it.

So as far as examples of what you could use for a date of separation, aside from the date of filing, you could use a date that maybe you started sleeping on the couch, maybe just a day that you guys set down at the kitchen table and discussed getting divorced and you agreed upon it.

Maybe, I don’t know you could have started sleeping elsewhere 1 or 2 days a week, there could have been something that happened that you say yeah on this is the date, the date of separation however, if no date stands out in your mind we simply use the date of separation as a date of filing of the petition or signing of the petition and that would become your date of separation.

For more information just give me a call, Tim at 661 281 0266 or you can go to for more information.