Legal Question in Family Law in California

Legally, the courts would consider the date of marriage in 2002 and the date of separation in August of 2007, for an approximate 5 years marriage. The courts use your actual date of separation for the legal date of separation.

No, no, no. I don't know where Mr. Schneider is getting this stuff today.

You were married in February of 2002. That means in February you would have been married for 10 years. You are still married. You cannot get married again unless the court terminates your marriage.

Your physical separation only affects the determination of community property. It does not affect the status of your marriage.

Schneider is wrong; Roach is right, about how the court views your marriage. However, for a great many purposes in Family Law, the date of separation is more significant than the date the marriage ends.