Legal Question in Family Law in California

when filing legal separation in california does the date of separation start the day of filing?


Asked on 1/07/14, 1:56 pm

3 Answers from Attorneys

"Date of Separation" is an "all the facts and circumstances" concept. Date of filing is a pretty clear latest date, but in many cases it may be much earlier than filing, and in some cases subsequent events my nullify that date.

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Answered on 1/07/14, 2:01 pm
Arlene Kock Law Offices of Arlene D. Kock APLC

The operative date the court will utilize is the one where it was clear the marriage was no longer intact.

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Answered on 1/07/14, 2:25 pm
Anthony Roach Law Office of Anthony A. Roach

It's when the spouses part ways with no intention of resuming marital relations. This can be a matter of factual dispute that is resolved by the court when the parties do not agree on the date.

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Answered on 1/08/14, 10:05 am


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