Length of Marriage Stops at the Date of Separation — What That Means for Your Divorce | California Divorce

Posted by Tim Blankenship on

 

Length of Marriage Stops at the Date of Separation — What That Means for Your Divorce

Short version: the date of separation is what stops the length of the marriage. Filing for divorce years after you and your spouse separated does not make the marriage keep accruing time for divorce-related calculations.

Why the date of separation matters

Courts use the length of the marriage to decide several important issues, most notably spousal support and, in some jurisdictions, how assets and liabilities are evaluated. The critical point is that the clock does not keep running simply because a formal divorce petition was not filed immediately. Once a clear date of separation is established, the marriage length is generally fixed at that point for many legal purposes.

How separation is determined

Separation is more than moving out. The legal test looks at two things: an objective act showing you no longer intend to be married, and conduct consistent with that intent. Examples of actions that help establish separation include:

  • Moving out of the shared residence
  • Opening and using separate bank accounts
  • Signing documents or declarations that you consider the marriage over
  • Changing beneficiaries or removing your spouse from accounts
  • Clearly communicating your intent to separate by text, email, or letter
  • Living separate lives without attempting to resume marital relations

Legal separation versus actual separation

Legal separation is a formal court status in some states and may come with its own orders for support and property control. But you do not need a court order to establish a date of separation. The practical, objective facts and actions you take are what matter. A formal legal separation can help clarify rights and responsibilities, but the absence of one does not mean the marriage continues for all legal purposes.

Common pitfalls and complications

Some situations make the separation date harder to pin down:

  • Intermittent reconciliations. If you and your spouse get back together even for a short period, courts may find the separation ended and restarted, which can affect the final separation date.
  • Shared living arrangements. Continuing to live under the same roof while claiming separation can complicate things unless there is clear evidence you are living separate lives.
  • Ambiguous conduct. Keeping shared finances, joint purchases, or social activities can create doubt about whether the marriage truly ended on a particular date.

Practical steps to protect your position

  1. Document the separation date: keep copies of emails, texts, a written separation agreement, or any formal declaration.
  2. Separate finances: open individual accounts and avoid using joint credit cards for personal expenses.
  3. Restrict mixed signals: avoid actions that could be interpreted as reconciliation unless that is your intent.
  4. Preserve evidence: save proof of moving out, changes to insurance and beneficiaries, and any communications about ending the marriage.
  5. Consult a family law attorney: laws and effects vary by state; an attorney can confirm how the separation date will be applied in your case and recommend steps like filing temporary orders if needed.

Example to keep it clear

If you separated in 2015 but did not file for divorce until 2020, many courts will treat the length of the marriage as ending in 2015 for the purposes of dividing property and determining spousal support. Filing late does not automatically extend the marriage for these calculations.

Bottom line

The date of separation is the key milestone that freezes the length of the marriage for many divorce-related issues. Establish that date clearly, keep records, avoid behaviors that undermine your stated intent, and get legal advice tailored to your situation. That approach preserves your rights and makes later negotiations or court proceedings far more straightforward.

LENGTH of MARRIAGE Continues if NOT LEGALLY SEPARATED? : Santa Clarita Divorce | Los Angeles Divorce

Posted by Tim Blankenship on

 

😮 LENGTH of MARRIAGE Continues if NOT LEGALLY SEPARATED? : Santa Clarita Divorce

Understanding the legal nuances of divorce can be confusing, especially when it comes to determining the length of a marriage. This detail plays a significant role in divorce proceedings, impacting everything from asset division to spousal support. In this article, we’ll break down a crucial aspect: how the date of separation affects the calculation of the length of a marriage. This insight is based on the expertise of Tim Blankenship from Divorce661, who specializes in divorce law in the Santa Clarita area.

The Importance of the Date of Separation

One of the most important factors in divorce cases is the date of separation. This date is the legal marker that essentially stops the clock on the length of a marriage. Why does this matter? Because the length of the marriage is a primary consideration in many divorce-related decisions, including property division and spousal support.

It might seem intuitive to think that the marriage length continues to accrue until you officially file for divorce, but that is not the case. The moment you and your spouse separate—meaning you live separate and apart with the intention to end the marriage—that date becomes the cutoff point for calculating how long the marriage lasted legally.

What Happens if You Delay Filing for Divorce?

Timing your divorce filing can have significant legal implications. If you separate but wait several years before filing for divorce, the length of the marriage is still measured only up to the date of separation, not the filing date. For example:

  • If you separated in 2018 but did not file for divorce until 2023, the court recognizes the marriage as having ended in 2018 for the purpose of calculating its length.
  • The additional years between separation and filing do not add to the marriage duration.

This means that the legal benefits or obligations tied to the length of the marriage do not continue to grow during the period you remain separated but not divorced.

Why Does This Matter in Divorce Proceedings?

The length of the marriage can influence several key divorce outcomes, such as:

  • Division of community property: Longer marriages often mean more shared assets accumulated during the marriage.
  • Spousal support or alimony: Courts consider how long the couple was married when deciding whether to award spousal support and for how long.
  • Retirement benefits: The length of the marriage may affect how retirement benefits are divided.

Knowing that the length of the marriage is frozen at the date of separation helps individuals make informed decisions about when to file for divorce and manage their expectations about the outcome.

Key Takeaway

“Remember, the date of separation is what stops the length of marriage. So if you file for divorce five years after you separated, the length of marriage does not continue to accrue.” – Tim Blankenship

This simple but critical piece of information can prevent misunderstandings and help you navigate the divorce process more effectively.

Conclusion

When facing a divorce, understanding how the length of your marriage is calculated is essential. The legal date of separation is the definitive point that stops the marriage clock, regardless of when you file for divorce. This knowledge allows you to better anticipate the legal outcomes related to asset division, spousal support, and other considerations.

If you’re going through a separation or considering divorce in Santa Clarita or the surrounding areas, consulting with a knowledgeable divorce attorney can provide personalized guidance tailored to your situation. Being informed is the first step toward protecting your rights and moving forward with confidence.

 

FL-100 Divorce Petition Mistake: Why You Must List a Date of Separation | Los Angeles Divorce

Posted by Tim Blankenship on

 

FL-100 Divorce Petition Mistake: Why You Must List a Date of Separation

Filing for divorce can be a complicated and stressful process, especially if you try to navigate it on your own. One of the most common errors I see when clients come to me after attempting to start their own divorce is forgetting to list a date of separation on the FL-100 Divorce Petition. This seemingly small oversight can cause major delays and even rejection of your case when you submit your judgment.

Understanding the Importance of the Date of Separation

The date of separation is a critical piece of information on your divorce petition. It marks the official end of your marriage in terms of legal proceedings, and it helps determine the length of your marriage. Courts use this date to calculate timelines for various legal requirements, so accuracy is essential.

Many people hesitate to list a date of separation because they believe they were never truly separated, especially if they continued living under the same roof or didn’t physically move out. However, the law requires you to provide a specific date of separation regardless of living arrangements.

What Happens If You Don’t List a Date of Separation?

If you fail to include a date of separation, or if the dates you provide don’t add up to the length of your marriage, your entire divorce case can be rejected when you submit your judgment. This means you’ll have to start over by filing an amended petition, essentially resetting your case and prolonging the divorce process.

How to Choose the Date of Separation When You’re Still Living Together

In cases where neither party has physically moved out or separated bedrooms, and you’re still living together, you might wonder what date to use. The simplest solution is to use the date you file your divorce paperwork as the date of separation.

This is a practical and legally acceptable approach that prevents your petition from being rejected. It ensures the court has a clear and definite date to work with, even if the living situation is complicated.

Steps to Fix a Petition Without a Date of Separation

If you’ve already submitted a divorce petition without a date of separation, don’t panic. The fix involves filing an amended petition that includes the correct date. While this can feel like starting over, it’s necessary to avoid rejection and delays.

  • Review your original petition and identify where the date of separation should be listed.
  • Determine an appropriate date—either the actual separation date or the filing date if still living together.
  • File an amended petition with the court that includes this date.
  • Verify that the length of your marriage aligns with the dates you’ve provided to prevent further errors.

Final Thoughts

When filing for divorce, accuracy and attention to detail are paramount. The date of separation is not just a formality—it’s a legal necessity that can make or break your case. Even if you and your spouse are still living together or have a complicated separation story, always include a clear date of separation on your FL-100 petition.

By doing so, you’ll avoid unnecessary delays, rejected paperwork, and the frustration of having to restart your case. If you’re unsure about how to list your date of separation or need help navigating the process, consider consulting with a professional who can guide you through the paperwork correctly the first time.

Remember, the goal is to make your divorce process as smooth and efficient as possible, and a simple but crucial step like listing the date of separation correctly can help you get there.

 

Still Living Together? Here’s How You File For Divorce In California! | Los Angeles Divorce

Posted by Tim Blankenship on

 

Still Living Together? Here’s How You File For Divorce In California!

When most people think about divorce, they often imagine a clear-cut scenario where spouses live separately or are legally separated before filing. However, the reality, especially in California, can be quite different. Many couples continue to live under the same roof while initiating the divorce process. Understanding how to navigate this situation is crucial, and that’s exactly what Tim Blankenship from Divorce661 breaks down for you.

Filing for Divorce Without Physical or Legal Separation

One of the most common misconceptions about divorce is that you must be physically or legally separated before filing. This is not true in California. You do not have to be living apart or have a legal separation in place to start the divorce proceedings.

Tim shares that he often works with clients who are still living together at the time they file. This situation might arise for various reasons—financial considerations, children, or simply the complexities of moving out. Regardless, the law allows you to file for divorce even if you share the same home.

Determining the Date of Separation When Still Living Together

When filing for divorce, one important detail is establishing the date of separation. This date can affect how community property is divided and other legal matters. But what happens if you and your spouse are still living together and haven’t set a clear separation date?

According to Tim, in such cases, the date of separation can be:

  • The date you first discussed or communicated your intention to divorce.
  • If no prior date exists, the date when you actually file for divorce can be used.

This approach provides flexibility and acknowledges that separation is not always a physical event. The key factor is the intent and communication about ending the marriage.

Why This Matters for Couples Going Through Divorce

Understanding that you don’t have to be physically separated to file for divorce can alleviate a lot of stress and confusion. It allows couples to begin the legal process on their own terms, even if their living arrangements have not yet changed.

For many, this means they can start working through the legal steps, such as property division, child custody arrangements, and support matters, without the immediate pressure to move out or live apart.

Final Thoughts

Divorce can be a complicated and emotional journey, but knowing the rules and options available in your state can make the process more manageable. In California, you can file for divorce even if you and your spouse are still living together, using the date of your intention to divorce or the filing date as your separation date.

For anyone considering divorce but unsure about living arrangements or legal requirements, this information is a valuable starting point. It’s important to consult with a knowledgeable family law professional who can guide you through your unique situation.

If you want to stay informed on divorce and relationship insights, following experts like Tim Blankenship from Divorce661 can provide helpful guidance and clarity.

 

Still Live Together And Want Divorce? What Date Of Separation Do You Use?

Posted by Tim Blankenship on

Still Live Together And Want Divorce? What Date Of Separation Do You Use?

Hi, Tim Blankenship here with divorce661.com today we’re answering the question what date do you use for the date of separation when filing for divorce.

So here is the scenario, I will start a divorce case for someone and we have a worksheet for that or you can even start online at divorce661.com and there’s a questionnaire and one of the questions is date of marriage of course and the other is date of separation and probably at least half of the time the comment I get is Tim, we’re not legally separated, we’re still living together and that’s totally fine, that’s not what we’re asking for. So, for date of separation, here are some options that you can use.

Number 1, there may be a date in the past that stands out in your mind that you would consider to be the date of separation, maybe something happened on that particular date or something as much as you guys sat down and talked about it on that date, perhaps you started sleeping on the couch or in a different room on a specific date, those are all valid dates of separation, maybe a day you moved out of the family residence or the home you guys live in together, that would be another valid date.

If there is no other date in mind and say you guys are very amicable and you just talked about it, and you’ve just called me and we’re getting the ball rolling then using the date of filing is a date of separation.

You have to have a date of separation when you file your petition, you cannot leave it blank, it will be a rejected, they won’t reject it but it will be cause for your divorce case to be rejected when you turn in your judgment, so make sure you have both a date of marriage and a date of separation and if there’s no previous date in the past that makes sense then you just use the date of filing as your date of separation.

Tim Blankenship, divorce661.com hope you’re having a good day, if you need any help please give me a call 661 281 0266 and take care.

Date Of Separation In California Divorce : What You Should Know

Posted by Tim Blankenship on

Date Of Separation In California Divorce : What You Should Know

Hi, Tim Blankenship here with divorce661.com, been talking a lot about dates of separation in the last podcast.

I just talked about different ideas that you can use for the date of separation, most of the time our clients are in agreement to the date of separation but in this podcast, I want to talk about what is the significance of the date of the separation and I’m reading off an attorney’s website because I don’t like to give legal advice but I do want to share this information with you.

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So, let me share this, it says California uses a date of separation as the essential date for determining property interests, property acquired by a spouse after the date of separation is considered to be that spouses separate property, while property acquired before the date of separation is community property.

So, in plain English what that means is before the marriage anything you acquired is separate, during the marriage everything you acquired is community property, subject to division by the courts. So, the issues become people say Tim we don’t have anything in each other’s names, so we don’t have any property to divide.

In the state of California, they don’t look at whose name it’s in, they look at the date of acquisition of the asset or debt. So, like my wife and I, she can have her own bank accounts and pensions, and I can have mine totally separate, never shared, never anything even I can buy the car in my name and she does not appear anywhere on the car, at all on the title or the loan but it’s still community property, she still has an interest in that property.

Another example is with this business of mine, while she is not part of it, doesn’t work in it most of the time or at all, she has her own thing, she has a community property and it’s an interest in my business because it was started during the marriage and it made money during the marriage, so that’s how that works.

Now the significance of the date of separation is that once you file and you indicate a date of separation, that’s the line in the sand for the community property interest, so a lot of times there can be, and not with us most of our clients do agree on a date of separation but where parties disagree usually is around, you know when they’re getting close to the 10 year mark and they know they may have to pay spouse support for a longer period of time, or in the accrual of say community properties, such as pensions or so forth.

I’ll give you an example, if 1 party said well the date of separation was 2 years ago and the spouse is saying no the date of separation is last month, there’s what almost 2 years of additional acquisition or 2 more years of accrual of community property in the other parties with the pensions, meaning they would get more money if the date of separation was pushed closer to the future, or not the future but to today, to current times.

So if that happens there are tests that can be looked at in determining and again, we don’t deal with that too much in our office, it’s usually agreed upon but it can be full trials in court and divorce can be held over the issue of the date of separation because like I was saying it can be a big difference in the amount of community property one is awarded, it can also be a huge difference in as far as the length of marriage going over 10 years, where someone is trying to get support for an indefinite period of time as opposed to half the length of the marriage.

So, I’m not going to get into the exact details of the objective tests versus the subject tests because we don’t deal with that too much, but that’s something you can look at.

You can always give me a call if you have questions about determining the date of separation or read the article and listen to the podcast that I wrote on trying to figure out what an applicable date of separation would be.

In most cases, 90 percent of the time, it’s going to be obvious both of you will agree. It’s only in cases where one party is trying to establish a shorter period of time for purposes of financial gain.

Tim Blankenship, divorce661.com, hope that was helpful. Give us a call we do handle divorce cases throughout California, go to divorce661.com or give me a call at 661 281 0266 and we’ll talk to you soon.

California Divorce Petition Must Have Date Of Separation

Posted by Tim Blankenship on

When you were completing your California Divorce petition form number FL – 100 you need to complete section 3 where it says date of marriage and date of separation.

In the last week alone I have had two phone calls from potential clients who started their divorce case on their own and who did not complete the date of separation. Meaning they did not put a date where it asks for date of separation nor did they indicate the length of marriage.  When I tell them that their petition is faulty and will have to be amended and corrected and refiled they usually explain that the reason they did not put in the date of separation is because they are not legally separated or because they are still living together.

It does not matter if you are still living together or not you still have to put in a date of separation and indicate the length of marriage.

because you’re going to have to re-file an amended petition and have your spouse re-served.

 

Here are a few ideas of what you can use for the date of separation. First if you have no other date in mind meaning, meaning you didn’t discuss a previous date to use as a date of separation most people just default and use the date they are filing for divorce as the date of separation. You can do this even if you are still living together.

Second if there is a date in the past that you either discussed getting divorced or you moved out of the house or even if you moved into the spare bedroom or started sleeping on a couch that is a data separation you could use as well.

Keep in mind the date of separation you use can be very important in some divorce cases. However if you are going through an amicable divorce the date of separation is not going to be that important. Meaning if you are in agreement to all the terms of your divorce the date of separation will not play an important role.

Because we see these types of mistakes and others often we recommend you use our divorce service from day one before you ever file a single divorce document. What people don’t know is if you make even a single mistake or miss even a single check box on the divorce petition it will have to be amended and if you are several months into the process of your divorce this will cause the six-month cooling off period to begin again

Can You Live Together During The Divorce Process? Valencia Divorce

Posted by Tim Blankenship on

When going through a divorce in California and when you file for divorce you will be asked what your date of separation is. This confused a lot of people because many of the clients we help are still living together. So then they will either ask what date of separation to use or say that they are still living together.

The question then is, “can you live together during the divorce process?”

(By the way, we provide a full service divorce solution throughout California. If you are looking to get a divorce and would like assistance, please give us a call for a free phone consultation at 661-281-0266. We have a full service and self-help service.)

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In California divorce there is no requirement that you actually live apart, separately or in separate households. When it comes to filing the divorce Petition, you will be required to decide on a date of separation even if you are till living together. So the date of separation, does not mean the date you started living separately, although it can be.

I would say many or most of our clients are still living together at the time of filing for divorce. The question about the date of separation throws them off. Here is what I tell them.

Examples dates you can use for the date of separation:

  • The date one of you moved out
  • The date you discussed getting a divorce
  • The date you file for divorce
  • These dates will be todays date or a date in the past

So the long answer to can you live together during the divorce process is Yes.  Any many do live together during the divorce process until there is that point which is a natural break.  I tell our clients that there will be a point in the process where it feels natural for the parties to physically separate.