In California, the bodily separation of spouses, with one partner vacating the marital residence previous to the finalization of a dissolution of marriage (divorce) continuing, is a typical prevalence. This motion signifies the top of the conjugal relationship’s cohabitation facet. For instance, a partner may transfer to a separate residence or home, establishing a brand new, unbiased residence. The authorized ramifications of this separation, significantly in a group property state like California, are important.
The timing of this separation can affect a number of sides of the divorce course of. These sides embrace the date of separation, which is a important determinant for characterizing property and money owed as group or separate property. Furthermore, the situation of every partner throughout the divorce proceedings can affect logistical issues equivalent to serving authorized paperwork and attending court docket hearings. Traditionally, establishing bodily separation served as a key indicator of marital breakdown, usually previous formal authorized motion.
