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Does the date of separation hinge on separate addresses?

On Behalf of Cullen Family Law Group | Jan 24, 2017 | Property Division |

Up until recently, California’s Family Code didn’t permit a couple to be considered “living separate and apart” unless they were also living at different addresses.

Fortunately, Senate Bill 1255, which went into effect at the start of 2017, changes that requirement.

Because California is a community property state, the date of separation controls the point where each spouse’s income and debts become his or her own.

However, there are often good reasons that couples still end up living in the same house even though they are no longer physically, financially, or emotionally “together.” In some cases, it boils down to nothing more than simple finances; a couple may not be able to afford to set up two different households and each maintain a suitable standard of living. If they can behave like nothing more than roommates who split the rent and the utilities, they can both maintain a better standard of living.

Sometimes, one spouse may fully intend to eventually move out, but needs the time to gather the money together for the basics, like first and last month’s rent on a new place, utility deposits and money for ordinary household items and furniture. That’s not easy to do when you’re also paying for a divorce.

In other situations, a spouse may be reluctant to move out of the marital home because an attorney has advised him or her that doing so could weaken the chances of receiving the home in the divorce. If there are children involved and one spouse moves into a small apartment and leaves the kids behind, that could be perceived as a form of abandonment. At the very least, it could make you seem like the parent that’s least interested in the well-being of the children. That might not bode well in a future custody battle.

The new law is much more subjective, so make sure you keep records of things like the date you informed your spouse the marriage was over, when you began dividing your financial obligations and when you moved into separate bedrooms. Should your spouse later contest the date of separation, that evidence could become highly important to your case.

An attorney can provide advice on effective property and income division when you still live under the same roof with your spouse.

Source: legalinfo.legislature.ca.gov, “SB-1255 Dissolution of marriage: date of separation,” accessed Jan. 24, 2017

I’ve been served divorce papers that include false allegations: what do I do?

On Behalf of Cullen Family Law Group | Jun 6, 2025 | Domestic Violence

Receiving divorce papers is already overwhelming. When false allegations are part of the paperwork, the situation can feel even more difficult. It’s essential to stay calm and know how to address the issue. Here’s what to do if you receive divorce papers containing...

Do domestic partnerships affect divorce rights?

On Behalf of Cullen Family Law Group | Apr 14, 2025 | Divorce

Domestic partnerships offer many of the same rights and responsibilities as marriage, but they can complicate the divorce process. If you're ending a domestic partnership, your legal path may differ from that of a traditional divorce, especially in California....

Moore / Marsden calculations in California divorce

On Behalf of Cullen Family Law Group | Apr 10, 2025 | Divorce

In California, Moore/Marsden calculations determine how to divide property when one spouse’s separate property has contributed to the acquisition or improvement of community property. These calculations ensure a fair division of property in divorce cases, particularly...

How can you document SP for asset protection?

On Behalf of Cullen Family Law Group | Apr 3, 2025 | Family Law

When you're about to get married, it's important to think about how to protect your assets, including spousal support (SP) money. If you've received spousal support in the past or expect it during your marriage, you may worry about documenting its use—especially if...

What to expect during child support enforcement actions

On Behalf of Cullen Family Law Group | Mar 23, 2025 | Child Support

Child support represents the financial contributions a non-custodial parent makes towards their child's upbringing. It ensures a parent meets the child's basic needs, such as food, housing, and education. It also supports a child's wellbeing, especially when parents...

Can you reimburse expenses before child support orders take effect?

On Behalf of Cullen Family Law Group | Mar 17, 2025 | Child Support

After a separation, managing child-related expenses can become a challenging task, especially before any official child support orders take effect. Many parents wonder if they can reimburse child expenses during this interim period. Understanding your rights and...

Do mothers have more rights than fathers in custody cases?

On Behalf of Cullen Family Law Group | Mar 11, 2025 | Custody & Visitation

When it comes to custody cases, it is a common misconception that mothers have more rights than fathers. This often stems from historical trends and societal assumptions about parenting roles. Whether you are a mother concerned about maintaining your relationship with...

Why should you update your advanced directives during a divorce?

On Behalf of Cullen Family Law Group | Feb 28, 2025 | Divorce

Going through a divorce is challenging. One crucial aspect that often gets overlooked is updating your advanced directives. These legal documents play a vital role in ensuring others respect your wishes, even when you cannot speak for yourself. Protecting your...

Can you protect yourself and your children without a divorce?

On Behalf of Cullen Family Law Group | Feb 25, 2025 | Domestic Violence

Domestic violence creates a terrifying and dangerous situation. You may feel trapped, believing divorce is your only option for safety. The good news is that California law provides legal alternatives if your moral beliefs prevent you from getting a divorce. Let us...

What can California parents do if their child refuses to visit the other parent?

On Behalf of Cullen Family Law Group | Feb 14, 2025 | Child Custody

Dealing with a child who does not want to see their other parent can create stress for everyone involved. California courts expect parents to follow custody orders while being sensitive to their children's feelings. Parents can struggle to balance their legal...

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Recent Posts

  • I’ve been served divorce papers that include false allegations: what do I do?
  • Do domestic partnerships affect divorce rights?
  • Moore / Marsden calculations in California divorce
  • How can you document SP for asset protection?

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