Legal Question in Family Law in California

On my petition ( i am the petitioner) for dissolution of marriage it asks for my date of separation. We are still cohabiting. What do I write in there? Our state is California. We meet the other legal requirements for divorce in CA.


Asked on 6/27/12, 4:19 pm

3 Answers from Attorneys

Michael Schneider Family Law Center

The date of separation is the date after which there is a complete breakdown of the marriage and you feel it is irretrievably broken. If nothing else, use the date that you fill out the paperwork. Good luck!

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Answered on 6/27/12, 4:40 pm

The date you mutually agreed to divorce works too.

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Answered on 6/28/12, 2:39 pm
Anthony Roach Law Office of Anthony A. Roach

You should start with a date, but keep in mind that if the date is in dispute, the court will have to make a ruling on the date. On the other hand, you may be able to agree on a date with your spouse during the divorce. Keep in mind that the date of separation is important for determining when the economic community ends. If you win the lottery after the date, and the other party finds out about it, you are going to get a dispute over the date of separation.

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Answered on 6/28/12, 7:37 pm


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