Legal Question in Family Law in California
I left my wife and moved out of state in 2004. We divided all our money and household items. I filed for divorce this Jan and claimed 2004 as legal date of separation. She claimed Jan 12 as legal date of separation. How can I proved that we sepated in 2004? Thank you.
Tom J.
2 Answers from Attorneys
Any records that you moved out of state should do pretty well to show physical separation. One warning, however, is that it is physical separation with intent not to resume the marital community. So, for example, a couple that agrees to a "trial separation" and starts counseling, etc., will not have a date of separation for community property purposes until they "give up," which is often marked by one of them filing. So the date of filing becomes the date of separation. If you have any complications like that, you will need to show the date at which the physical separation became a decision it was over for good.
I agree with Mr. McCormick. Any documentation showing your new address while she remained behind, such as leases, utility bills etc. You must show that you intended to live apart without the intention of rejoining.