Date Of Separation Issues In California Divorce
Many facets of your divorce — including community property and financial support — are calculated from the official date of separation.
I am renowned Los Angeles attorney Debra Opri. I have handled every aspect of California divorce, including litigation over date of separation. I can advise you on formal separation in the early stages of divorce or represent you in contested proceedings.
Why Is Date Of Separation Important?
To obtain a divorce, you must satisfy the court that you have been living separate and apart with the intention of getting divorced. Rather than simply moving to the couch or spare bedroom, one spouse must physically move out of the domicile.
Retirement saving, investments, debts and incomes may grow (or shrink) after spouses separate. The court uses the date of separation to determine what constitutes community property in the divorce settlement. Date of separation can also affect child support or spousal support.
What If The Date Is Disputed?
Sometimes there is no clear separation. It may be necessary for the court to establish physical separation through a motion for trial on date of separation — a hearing on this specific issue. I am the experienced lawyer you need to resolve such disputes favorably and efficiently, in or out of court.