😮 Length of Marriage Continues if Not Legally Separated? : Santa Clarita Divorce Explained

Navigating the complexities of divorce law can be confusing, especially when it comes to understanding how the length of your marriage is calculated. A common question that arises is whether the duration of a marriage continues to accrue if a couple is separated but not legally divorced or formally separated. Tim Blankenship of Divorce661 breaks down this important concept to help you understand how the date of separation impacts the length of your marriage in divorce proceedings.

Why the Date of Separation Matters in Divorce

One of the critical factors in determining the length of a marriage for divorce purposes is the date of separation. This date essentially marks the end of the marital relationship for legal calculations, regardless of when the divorce is officially filed.

Tim emphasizes that if you and your spouse have physically separated and are living apart, the clock on your marriage length stops ticking at that point—not when you file for divorce. This means that even if you wait several years to file your divorce paperwork, the length of the marriage will not continue to increase during that waiting period.

How Filing Delay Affects Marriage Length

To clarify, suppose you and your spouse separated five years ago but only recently decided to file for divorce. In this scenario, the court will not consider the marriage to have lasted those additional five years since the separation date marks the cut-off. The legal length of the marriage is measured up until that separation date, not the date you officially file for divorce.

“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.”

What Does This Mean for Property Division and Other Divorce Matters?

The length of the marriage can impact various aspects of divorce proceedings, including property division, spousal support (alimony), and eligibility for certain benefits. Since these factors often depend on how long the couple was legally married, knowing the exact date of separation becomes crucial.

By understanding that the marriage length stops accruing at separation, individuals can better plan their divorce timeline and set realistic expectations about their case outcomes.

Key Takeaways for Those Considering Divorce

• Establish your date of separation: This is the legal milestone that stops the marriage duration clock.
• Don’t assume the marriage length continues: Waiting years to file for divorce does not increase the legal marriage length.
• Consult a knowledgeable divorce attorney: They can help clarify how your separation date affects your divorce case.

Conclusion

Understanding the legal implications of your separation date is essential in divorce proceedings. It determines how long your marriage is recognized by the court and can influence important decisions about property, support, and other matters. Remember, the length of your marriage stops accruing at the date of separation, not the date you file for divorce.

If you’re going through a separation or considering divorce in Santa Clarita, make sure to get clear guidance on how your separation date impacts your case. Knowing this can save you time, money, and confusion as you move forward with your divorce.

For more insights and guidance on divorce and family law, consider following experts like Tim Blankenship at Divorce661, who specialize in helping people through this challenging process.