Dating while legally separated california
The date of separation is also relevant for purposes of determining the duration of spousal support. Rptr.3d 835].) This was a dramatic divergence from what many considered to be existing law, and there was a strong reaction to the case by practitioners.
Parties often agree about the date of separation, but that is certainly not always the case. All factors bearing on either party’s intentions “to return or not to return to the other spouse” are to be considered. Although requiring physical separation seemed to provide increased certainty as to when married persons would be considered “living separate and apart,” one of the primary criticisms was that the decision resulted in “disparate treatment based on a family’s economic status”: Many spouses cannot afford separate housing and remain in the family residence, but believe they are separated. The roughly 67% of family law litigants (higher in larger counties) who are self-represented may be living together out of financial necessity, but will most assuredly be under-informed about their rights and obligations during the separation period should no bright line date of separation exist. Legislation was quickly proposed to counteract the effect of ” legislation.
In order to understand how California’s family code and other applicable laws and rules can affect your case, it is important to contact a local San Diego family law attorney as soon as possible.
In a recent divorce case, , the parties argued over the date of separation for purposes of determining the length of the marriage.
At the hearing, both parties testified that neither of them intended to end their marriage at least until April 2013.
The court concluded that the judgment of legal separation was “not definitive” as far as deciding the date of separation.
In February 2012, the court entered a default judgment of legal separation.
In this case, the couple got married in August 2010.
Our office serves clients throughout Southern California.
For a free consultation with a dedicated and experienced family lawyer, contact Doppelt & Forney through the law firm’s website or give us a call toll-free at (800) ROY IS IT (769-4748).
Therefore, the lower court lacked the discretion to find that the date of separation occurred on any other date after the judgment was entered.
If the husband wanted to modify the support order, he would have to provide a showing of “changed circumstances” in accordance with California law.