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The Date of Separation in a San Diego Divorce

On Behalf of | Oct 11, 2021 | Divorce

Why is the date of separation in a San Diego divorce so important?  Simply put, the date of separation is the legal point at which the marriage comes to an end and future earnings and acquisitions can become the separate property of the former spouses.

From a legal perspective, the date of separation in a San Diego divorce is a key factor when determining how debts and assets acquired during the course of the marriage will be divided.  However, this important legal date also represents the moment when the parties are financially able to start planning and preparing for the next chapter in their lives.

Marriage binds the parties financially as a “community” where each party is responsible for debts and deserves a share of all assets acquired from the date of the marriage until the date of separation.  It doesn’t matter if only one of the parties is on an account or signed for a debt or in title on an asset.  If a debt or asset was acquired at any point from the date of the marriage to the date of separation it must be considered to be community property which is subject to division as part of the divorce process.

Years ago, the date of separation in a San Diego divorce was established when one of the parties moved out of the marital residence.  Laws have changed, and it is often not in a former spouse’s interest to move out of the family residence at the outset of a divorce, especially if children are involved.  This can be legally construed or asserted as a form of “abandonment” or evidence of a potential co-parent’s ability to be a reliable partner when sharing custody and parenting time.

The Date of separation in a San Diego divorce is the day that one of the parties clearly established their position that the marriage was over.  This can be accomplished in writing (text, email) or simply documented as the date the parties sat down and decided it was time to seek a divorce.  This should be supported by evidence of actions taken by either or both parties to begin the process of separation (physically or in practicality).

Protect your own interests and contact us or call 760-389-3927 to schedule an appointment for a remote or socially distanced consultation with one of our experienced Certified Family Law Specialists.