Why is it so important to plan the date of separation in your Carlsbad divorce? What is the date of separation and why is it such a critical date?
The date of separation was legally changed in California in 2017 by our legislature. The parties are not required to physically separate anymore, as this can present an unfair economic burden. However there are two things which must occur to establish the date of separation:
1. One of the spouses must notify the other of their intent to end the marriage, and
2. this spouse must take consistent action from that date forth to accomplish a divorce.
Why is it so important to plan the date of separation in your Carlsbad divorce? One issue is the duration of the marriage itself. This is an important ingredient in the determination of the amount and duration of spousal support. The 10 year mark in a divorce changes the likelihood, amount and duration of spousal support as the underlying marriage is now considered to be “long term.” It may be important to make sure the date of separation is before this important anniversary, or past it depending upon your point of view.
All income and property acquired during the marriage are considered “community property.” Community property is to be divided fairly by the Court here in North County. In California, the date of separation marks the end of the “community. ” Property and assets acquired after the date of separation will be considered “separate property” (not to be divided as part of community property) as long as the funds used to acquire the asset were genuinely separate from community funds.
It is important to plan the date of separation in your Carlsbad divorce as well as other aspects such as child custody and parenting time. These questions can be legally quite complex and it is important to seek the advice and counsel of the proven Certified Family Law Specialists at Burke & Domercq, LLP. We invite you to review the recommendations of our clients and the legal industry and contact us or call 760-712-3741 to schedule an appointment.