Many people going through the dissolution process struggle with defining their “date of separation.” For some, it is very black and white: s/he moved out of the marital home and perhaps changed her/his bank accounts and therefore can pinpoint the exact date of separation. However, for most people, it is much more complicated.
For various reasons, spouses may need to remain in the marital home for some time, there may not be an extra bedroom to sleep in, they may need to keep their finances connected for specific reasons.
Attorneys also struggle with putting concrete terms to define a party’s date of separation. We can give some guidance and examples, but the rules are not clear.
Fortunately, the California Supreme Court will provide some clear guidelines (hopefully) in a few months when it decides In Re Marriage of Davis.