The date of separation in a divorce is the date spouses begin to live in separate homes, and at least one spouse notifies the other of the end of the relationship. Many people wonder if they can still seek a divorce, even when they continue to live together, and this concern results in various questions, such as: how will the court determine the date of separation? How does this affect spousal support? The date of separation is very important because, after this date, a spouse’s earnings and purchases are his or hers only. There are many factors the court will use to figure out the date of separation, as you or your spouse must show there has been a complete and final break in the marriage.
The courts will consider a number of factors, such as:
- Did you stop going on dates?
- Did you stop sleeping in the same bedroom?
- Did you continue to have joint accounts?
- Did you notify your family and friends of the separation?
Though these are critical issues to consider, parties can still divorce even while living together, as you may stipulate by written agreement the date of separation. The court can also enter a status-only judgment, where parties divorce before resolving other issues in their divorce, such as custody or support. Often, people continue to live together for financial reasons, in which case, you can continue to live under the same roof. In certain circumstances, you may request spousal support, or for your spouse to pay for the household expenses in lieu of support.
Contact Our Los Angeles Family Law Attorneys Today
If you need assistance navigating through a separation or divorce, don’t hesitate to enlist in the help of our Los Angeles family law attorneys from Castellanos & Associates, APLC. Our legal team will prioritize you and your rights above all else, as our goal is to resolve your divorce in a timely manner. This is why we offer free, confidential consultations--so you can rest assured you are in the hands of a respectable, capable, and compassionate law firm.
Interested in speaking to a member of our team? Don’t hesitate to contact us by calling (323) 212-5599.