In California, there is no required separation period before you can get divorced. That means that you and your spouse are able to decide you want to get a divorce and, on the same day, file for divorce.

Why is the date of separation important in divorce?

The date of separation can determine when a spouse becomes responsible for child support and/or alimony. Courts in many states use the date of separation as an important factor in deciding issues related to property division, child support, alimony and adultery.

Is spousal support based on date of separation?

The length of the marriage affects spousal support. Therefore, date of separation may affect whether spousal support continues indefinitely until death or remarriage or is a short-term marriage where spousal support may cut off at the “half the duration of the marriage” mark.

Can you date while separated in California?

A commonly asked question about legal separation that I hear often is “Can I date while I am legally separated?” Technically the answer is yes because California is a no-fault state. However, if you have children, be advised that dating while legally separated could influence child custody arrangements.

How is the date of separation determined in a California divorce?

You and your spouse may agree on the date of separation in a California divorce. If you both decide that a particular date is the time when you separated and no longer wished to be living as a married couple acquiring community property, the date you agree on will likely be considered the relevant date by the court.

Can a divorce be final after the date of separation?

Since the couple is already separated, judges won’t consider the relationship the cause of the divorce, unless the relationship began prior to separation. Some divorces take more than a year to finalize, and spouses are free to begin new relationships after the date of separation. Need a lawyer? Start here. Please select…

What are the laws for divorce in California?

The California Family Code is one of 29 legal codes that form all general statutory laws in California. Under the Family Code, there are three main ways to end a marriage or a domestic partnership in California. They are divorce, annulment, and legal separation.

What is considered separate property in California divorce?

California law states that gifts given to one spouse by the other during a marriage are considered separate property. For example, if a wife received a $10,000 diamond watch as a birthday gift, those would clearly be hers in a divorce action.