Do you know why your date of separation matters in your divorce case? If you are wondering whether or not the date of separation matters in your case, Kendall Gkikas & Mitchell, LLP is here to help. Keep reading to learn more about the date of separation and why it really matters in your divorce proceeding.
What is the date of separation?
The “date of separation” means different things depending on the state where you reside. In the State of California, the date of separation refers to the date that there was “a complete and final break in the marital relationship.” In short, this means the day that one spouse tells the other, or that they come to a mutual agreement, that they want a divorce and begin to act accordingly.
Remember, the date of separation isn’t necessarily the date one person moved out.
It is important to remember that the date of separation is not necessarily the date that one spouse moves out of the marital home. In fact, some spouses live together until the divorce is finalized because they cannot afford to live separately or they are working out a child custody arrangement. It is important to remember that your date of separation has occurred even though you are still living together.
Why does the date of separation matter?
You might think the date of separation doesn’t play a big role in the divorce proceedings but it definitely does. California is a community property state, which means that spouses are entitled to half of all assets acquired when married. After your date of separation, property accumulated will be treated as separate property.
The date of separation also impacts how long one spouse must pay spousal support to another. For marriages that lasted over 10 years, spousal support can be ordered with no end date. If a couple separates before 10 years, but the divorce is not finalized until after, full alimony will not be due.
Contact Kendall Gkikas & Mitchell, LLP for help with your separation and divorce needs!
If you are starting the divorce process it is important to keep in mind that the Date of Separation plays a big role in many factors. This includes child support, the division of property, and even alimony. Thankfully, Kendall Gkikas & Mitchell, LLP are here to help you through the divorce process. With over 30 years of experience, you can trust us to fight for your right. Give us a call today at 909-482-1422 to schedule your initial consultation.
To learn more about the reliable and quality family law services that we offer, visit us on the web at Kendall Gkikas & Mitchell, LLP.
