+ Reply to Thread
Results 1 to 8 of 8
  1. #1
    cabianca is offline Junior Member
    Join Date
    Aug 2006
    Posts
    4

    Separation Date in CA

    What is the name of your state? CA

    Wife declares she is moving out in June and had already signed a lease on an apartment to move in the following month of July. Now after having moved into her apartment she files papers indicating Separation date of July 15 instead of June 15 in order to try and get additional $$ from my next month pay. Based on her telling me she was moving out and her actually signing a lease to do so do I have a good case for keep the separation date back in June and protecting my earnings from July ?
  2. #2
    LdiJ is offline Senior Member
    Join Date
    May 2004
    Posts
    66,117
    Quote Originally Posted by cabianca View Post
    What is the name of your state? CA

    Wife declares she is moving out in June and had already signed a lease on an apartment to move in the following month of July. Now after having moved into her apartment she files papers indicating Separation date of July 15 instead of June 15 in order to try and get additional $$ from my next month pay. Based on her telling me she was moving out and her actually signing a lease to do so do I have a good case for keep the separation date back in June and protecting my earnings from July ?
    Explain why you think that your earnings need to be protected? From what?

    You didn't separate in June, you separated in July. You were still living in the same residence in June.
  3. #3
    cabianca is offline Junior Member
    Join Date
    Aug 2006
    Posts
    4
    anything earned beyond the date of separation is no longer community property from the perspective of her having 50% right to it. She can of course use it as a basis for determining spousal support but that should be all.

    Why would she have any additional rights beyond the date she has signed the lease ? she has already "logically" left. She is just waiting to move in.

    The date of separation is not "physical" separation in CA but when you realize the relationship is over. I would think her signing a lease in June to move out in July should be substance enough.
  4. #4
    Ohiogal is offline Senior Member
    Join Date
    Dec 2005
    Location
    Ohio
    Posts
    52,833
    Quote Originally Posted by cabianca View Post
    anything earned beyond the date of separation is no longer community property from the perspective of her having 50% right to it. She can of course use it as a basis for determining spousal support but that should be all.

    Why would she have any additional rights beyond the date she has signed the lease ? she has already "logically" left. She is just waiting to move in.

    The date of separation is not "physical" separation in CA but when you realize the relationship is over. I would think her signing a lease in June to move out in July should be substance enough.
    Was that a legal separation? Or just her moving out? Those are two different things.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  5. #5
    ezmarelda is offline Member
    Join Date
    Jun 2006
    Location
    in a galaxy far far away
    Posts
    946
    Quote Originally Posted by cabianca View Post

    The date of separation is not "physical" separation in CA but when you realize the relationship is over. I would think her signing a lease in June to move out in July should be substance enough.
    I am not so sure about that statement...if it worked that way I would have been *separated* for 6 & 1/2 years of my 7 year marriage
  6. #6
    Bali Hai is offline Senior Member
    Join Date
    Nov 2005
    Posts
    6,481
    Quote Originally Posted by sorry...eme View Post
    I am not so sure about that statement...if it worked that way I would have been *separated* for 6 & 1/2 years of my 7 year marriage
    Yeap, the guy could be living in Hollywood.
  7. #7
    cabianca is offline Junior Member
    Join Date
    Aug 2006
    Posts
    4
    let me clarify .. per California Courts Self-Help Center [url]http://www.courtinfo.ca.gov/selfhelp/[/url]

    Date of Separation:

    This is the date when you and your spouse knew your marriage was over, even if you were still living together.You may need to talk to a family law lawyer to decide what the “date of separation” was, especially if you and your spouse lived apart or had “trial separations” in the past. ALERT! The date between the date of your marriage and date of separation will define the length of your marriage. The “Length of Marriage” can seriously affect the division of property and debts and payment of spousal support!

    So, if my wife and I agreed that it was over on June 15 (we had this conversation but now she is saying that she had doubts into July) , she signs a lease to get an apartment, splits the checking account all in June then would this not help to better define the "date of separation" as June as opposed to July? In my Response to her filing I have indicated June 15 as the "date of separation". I am hoping a divorce is a two way street and each person's perspective on "date of separation" is taken into consideration ..
  8. #8
    LdiJ is offline Senior Member
    Join Date
    May 2004
    Posts
    66,117
    Quote Originally Posted by cabianca View Post
    let me clarify .. per California Courts Self-Help Center [url]http://www.courtinfo.ca.gov/selfhelp/[/url]

    Date of Separation:

    This is the date when you and your spouse knew your marriage was over, even if you were still living together.You may need to talk to a family law lawyer to decide what the “date of separation” was, especially if you and your spouse lived apart or had “trial separations” in the past. ALERT! The date between the date of your marriage and date of separation will define the length of your marriage. The “Length of Marriage” can seriously affect the division of property and debts and payment of spousal support!

    So, if my wife and I agreed that it was over on June 15 (we had this conversation but now she is saying that she had doubts into July) , she signs a lease to get an apartment, splits the checking account all in June then would this not help to better define the "date of separation" as June as opposed to July? In my Response to her filing I have indicated June 15 as the "date of separation". I am hoping a divorce is a two way street and each person's perspective on "date of separation" is taken into consideration ..
    Did you recieve some major amount of money in July? A bonus or something? Because otherwise, you are really over-worrying about the issue. Your disposable salary after the bills are paid, for one month, is going to be a bit of a drop in the bucket once the entire property settlement is put together.

Similar Threads

  1. Date of separation?
    By gr86ss in forum Divorce, Separation & Annulment
    Replies: 3
    Last Post: 12-01-2009, 04:21 PM
  2. Date of separation?
    By frostbyte3964 in forum Divorce, Separation & Annulment
    Replies: 6
    Last Post: 09-23-2009, 12:04 AM
  3. Date of separation
    By calidude in forum Divorce, Separation & Annulment
    Replies: 0
    Last Post: 04-22-2008, 02:45 PM
  4. Date of separation
    By hyness in forum Divorce, Separation & Annulment
    Replies: 0
    Last Post: 11-09-2006, 02:27 PM
  5. Separation Date and Stock
    By JZ in forum Family Law Archive
    Replies: 0
    Last Post: 10-10-2000, 07:11 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.