Disclaimer: This content is offered solely as a public service and does not constitute legal advice. You should contact a lawyer who is familiar with the field for advice regarding a specific problem or problem. Costs vary widely when it comes to divorce, but by describing your situation, you can get an idea of how much you need to spend. The date of separation plays a crucial role in the equitable distribution and determination of the parties` interests in property and debts. Property acquired by the parties during their marriage and which was in possession at the time of separation is considered matrimonial property subject to partition. Assets and liabilities acquired by a party after the date of separation are treated as separate property belonging to that party. Therefore, the date of separation may affect the classification of an asset or liability (as well as income or expense) as matrimonial property or separate property. These financial considerations could be significant enough to motivate a party to contest or contest the time of separation if, as a result, it could potentially participate in the value of an asset or if the other party could participate in a particular debt. Not all states offer legal separation as an option, so it`s important to determine your state`s laws.
If legal separation is allowed in your state, you can get legal separation by filing a separation agreement. You can also get one by applying for separation, just as you would file for divorce. You can even try if you disagree. Legal separation occurs when a married couple makes the formal (legal) decision to live a separate life, sometimes contemplating or preparing for divorce. There are many reasons why a couple prefers legal separation to divorce, including religious beliefs, tax issues, or other financial reasons. Legal separation is different from simple informal separation. In many ways, legal separation mirrors divorce, but there are some important aspects where the two types of legal relationships differ. CASE UPDATE: The Davis Marriage case states that a “physical separation” occurs when the parties no longer live together. The date of separation occurs when (1) the parties are physically separated from each other; and (2) each party subjectively intends to end the marriage and takes steps to objectify its intention. Family lawyers often ask for different separation dates depending on the facts of their case. There are different types of separations.
A trial separation is an informal separation where you live apart and see if a separation or divorce is ultimately what you want. Many couples do this when they have marital problems. Legal separation can be a step on the road to divorce. It allows a couple to solve all the important issues (custody and financial matters) in their lives while keeping the marriage intact and determining what they really want. Legal separation is reversible. Physical separation occurs when spouses are physically separated from each other. In some cases, historically, this meant a husband moving into a guest room, a wife sleeping on the couch, or another scenario where the parties live in the same house but are physically separated from each other. However, recent jurisprudence in Davis` marriage states that the parties must live separately. If the parties argue in court about the date of separation, it is likely that the court will use the later date. Most appeals involving the date of separation conclude that the later date is more appropriate. In one case, the court found that physical separation only occurs when one of the parties actually leaves the family residence. You can write your own separation agreement, but it`s difficult.
Separation agreements are long and complex. Learn how the date of separation can affect spousal support and the division of assets or liabilities A converted divorce is a divorce based on an existing separation agreement. Nothing in this article is legal advice or is intended to be applied to your specific situation. For legal advice about your specific situation, contact an experienced family law attorney in California. However, if you get a legal separation, you will remain legally married to each other. You must also indicate on the forms that you are married. You cannot remarry. You always have the right to inherit from each other.