Divorce and other family law matters are rarely simple. Questions often arise over the date of separation. Options like legal separation or divorce may be heavily debated. At Boyd Contreras LLP, our attorneys have the experience to work through any issues that arise to pursue an outcome that meets your needs. Call 619-378-4033 or 949-242-0656 or contact us online to schedule a free consultation at our offices in San Diego and Irvine.
Disputes Over Date of Separation
The date that a husband and wife separates is critical, because that is the date when the line is drawn between community property and separate property. Date of separation leads to disputes when assets are at stake. For example, a party who received a large bonus at work may claim that the date of separation occurred before the bonus was received in order to keep the entire bonus as separate property. The other party may claim the date of separation was after the receipt of the bonus, meaning the bonus would be community property and subject to division between both parties. We can resolve these challenging disputes.
Divorce vs. Legal Separation in San Diego
Many people confuse legal separation with a trial separation. In reality, divorce automatically comes with a cooling off phase, akin to a trial separation. Legal separation is a process very similar to divorce. It comes with all the features of divorce, from property division to child custody and support arrangements, but does not involve the dissolution of the marriage.
When Legal Separation Makes Sense
Some may choose legal separation instead of divorce for religious purposes. Others may choose it for insurance purposes. There are also situations when legal separation may be initiated as part of a strategy that will eventually lead to divorce. For example, California has a six months/three months rule. In order to get divorced, a person must have lived in California for six months and in his or her jurisdiction for three months. If a person does not meet that rule, the legal separation process can be initiated to immediately address property division and other pressing issues. The legal separation can then be flipped to a divorce when the time frame requirements are met. Our lawyers will do what is right for you.
Contact Us to Discuss Legal Separation in San Diego
To learn more about legal separation and date of separation in San Diego and Irvine, e-mail us to schedule a free initial consultation or call 619-378-4033 or 949-242-0656.
