Palmer Rodak & Associates
Palmer Rodak & Associates
Certified Family Law Specialists State Bar of California Board of Legal SpecializationServing your Community for 19 Years
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DATE OF SEPARATION - IS A COUPLE SEPARATED FOR THE PURPOSE OF DIVORCE IN CARLSBAD, CA WHEN THEY ARE STILL LIVING TOGETHER IN THE SAME HOUSE AT THE TIME THE DIVORCE IS FILED?

What is your date of separation when filing for divorce?  When getting a divorce, one of the questions on the top of the initial divorce petition and the response to the divorce, is "What is your date of separation?" Individuals are frequently confused when they fill out their divorce papers because they do not understand what date it is that the form is requesting. It is not uncommon, as was the case recently, where a couple had still been living in the same house but had separated in all other ways from each other. This living situation left the client wondering whether they were separated or not and what to put on the divorce papers.

Knowing whether you are separated or not is very important because the date that the parties separate impacts the division of assets, debts and possibly the duration of spousal support orders. Therefore, it is extremely important that individuals put the correct date on their forms and not simply just pick a date.

This is an area of law that has been heavily litigated in recent years and the date of separation, if the court decides, will likely be determined by the facts in your particular case. As a general rule, the date of separation can be considered to be the date that one party decides that the marriage is over and communicates that decision to the other party. Be careful, because there are always exceptions to the rule and significant facts and details could be looked at by the court to decide the actual date of separation. It is always a good idea to consult an attorney if you are unsure as to what your actual date of separation is before you put something incorrect on your divorce papers that could be used against you in the future.

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Palmer Rodak & Associates
Certified Family Law Specialists State Bar of California Board of Legal Specialization

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445 Marine View Ave Ste 300
Del Mar, CA 92014

Phone: 858-356-4568
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Oceanside, CA 92054

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