Establishing the Date of Separation in a California Divorce
Conflict is often inevitable in divorce proceedings, with the potential for disputes to arise when it comes to asset division, child custody, and more. What many people don’t expect to dispute however is the exact date of separation, which could end up being a key issue of debate if the specifics aren’t nailed down.
What does this mean for your divorce? This post goes over how the date of separation can impact asset division and touches upon how the courts assess this date when a couple can’t see eye to eye on the exact timeframe. As always, remember that you’re welcome to call us directly at Rubin & Levavi P. C. for specific legal advice.
Asset Separation and the Date of Separation
Given that California is a community property state, all assets and property that is acquired during the length of the marriage automatically becomes shared property. This shared property is to be divided equally in the case of a divorce. What’s important is that, once a couple decides to separate, community property no longer applies. Thus, an individual could have a vested interest in misrepresenting the date of separation as earlier or later than it actually happened in order to gain an edge and/or protect property that should legally be shared.
In an attempt to cut down on disputes, the California courts enacted a new process for assessing the date of separation in 2015. Under the new rules, a couple needs to have lived separately and each must have kept some/all income from the other person in order for a date of separation to be valid. As you can imagine, this is complicated for separating couples who might need to share a roof for some time due to financial reasons.
This is why, when facing a divorce in CA, it is essential that you arm yourself with qualified legal counsel. Learn more about what we do at Rubin & Levavi, P. C., and reach out to us at (415) 564-2776 to schedule your free appointment with one of our divorce/child custody attorneys.