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Why Does the Date of Separation Matter in Carlsbad?

On Behalf of | Feb 14, 2022 | Divorce

Why does the Date of Separation matter in Carlsbad or San Diego divorce cases?  What legally designates the Date of Separation?  What is the legal and financial relationship between married spouses between the date of their marriage and the “Date of Separation?”

The “Date of Separation” is an important date in the process of a divorce.  When two parties get married they become a single entity under California law known as a “community.”  Therefore, from the date of marriage until the Date of Separation every asset or debt acquired by either party separately or the parties jointly becomes a community asset or debt.  Community assets and debts will be divided as part of the divorce process.

Why does the date of separation matter in a Carlsbad or San Diego divorce and what triggers this designation?  It used to be generally the date the parties physically moved apart and ceased living as a married couple.  In 2017 California lawmakers realized it added substantial financial burden for parties to obtain separate living quarters during a divorce.  Our Family Law Code generally says the Date of Separation occurs when one party notifies the other the marriage is over (or they want a divorce) and the relationship between the parties from that point forward is “consistent with their intent to end the marriage.”  The parties can agree upon the Date of Separation and the Court will often simply accept their agreement and acknowledge the date of separation.  In other cases, the Date of Separation can become a contentious issue.

Another issue which makes the Date of Separation Matter in Carlsbad and San Diego divorce cases is the establishment of the length of the underlying marriage (which has implications for issues such as spousal support, retirement and property division) and the ability of each former spouse to start keeping their own income and any debt or asset they acquire as “separate property” from the community.

These are some of the reasons which make the Date of Separation matter in Carlsbad and San Diego divorce cases. We invite you to read the strong reviews of former clients and recommendations of the legal industry, 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.