What Is My Date Of Separation For My Divorce In California?

What Is My Date Of Separation For My Divorce In California?

When you file for divorce in California there are several things you need to know for the Petition.  One of them is the date of marriage and the other is the date of separation of your marriage.

For some the date of separation will be simple.  For these people, there is a date in the past that one of the following occurred.

  1. One of you moved out
  2. You discussed getting a divorce on a certain date
  3. There is a specific date you have discussed.

But for many people who are still living together, what we usually hear is that they don’t have a date of separation because they are still living together.

So what do you use for the date of separation of your marriage?

The answer is quite simple.  First of all, you don’t need to by actually physically separated to be considered separate for purposes of divorce. Some states require this, but not in California.

So what we do for people going through divorce in California who are still living together is have them use the date they are filing for divorce as the date of separation.  It is as simple as that.

So if you are one of those married couples who are still living together and plan on filing for divorce, keep in mind that the date of separation can be as simple as using the date of your divorce filing as your date of separation.

For those going through an amicable divorce the date of marriage is not going to have any impact as you will be making your agreements and signing a settlement agreement as opposed to going to court.

If you have any questions about divorce in California or would like assistance with your divorce, please give us a call at 661-281-0266.