The first step that most married couples take when they contemplate getting a divorce is to live in separate homes. The date of separation in a divorce is the date one party moves out and at least one party notifies the other that the marriage has ended.
However, in some cases, the parties may want to continue living in the same home even though they want to get a divorce. In these situations, the divorce proceeding may be complicated by issues such as determining the date of separation and calculating spousal support. The date of separation is very important because after this date, a spouse’s earnings and purchases are his or hers only.
How Courts Calculate Date of Separation When Living Together
A family court will need to take many factors into consideration to determine the date of separation if the parties have decided to continue to live together even after a divorce. The main concern is how the you and your spouse will show that there has been a complete and final break in the marriage.
The courts will consider different factors, including:
- Did you and your ex stop going on dates?
- Did you and your ex stop sleeping in the same bed or even the same bedroom?
- Did you and your ex separate your bank accounts or continue to have joint accounts?
- Did you notify your family and friends of the separation?
Although these are important issues to figure out, you can still legally file for divorce even if you continue to live with your ex. One way is to stipulate to a date of separation by a having your Central Valley divorce attorney prepare a written agreement. Another way is for the court to enter a status-only judgment, where you and your ex get divorced before resolving other issues in your divorce, such as custody or support.
Living After Divorce For Financial Reasons
People choose to live together after a divorce for many different reasons, but the most common is financial. In these cases, you can continue to live under the same roof even after you are legally divorced. In certain circumstances, you may also seek spousal support, or have the court order your ex-spouse to pay for the household expenses in lieu of support.
Call an Experienced Central Valley Divorce Attorney
If you are going through a divorce or planning to file for divorce, it is important that you have a knowledgeable attorney fighting for your rights. For more information or to schedule a complimentary consultation with a Central Valley divorce attorney, please call Gurjit Srai (209) 323-5558 or (559) 449-1447, or complete our online form.