Dating during divorce children california
In most cases, when a couple is in the process of divorcing, one party moves out.
Any benefits you accrue after that fact will be viewed as separate and remain individual rather than community property, regardless of where you live.If one spouse files for divorce, in that situation, the line is distinct.But in circumstances where the process hasn’t officially begun, there may be issues.They may be in different rooms, but still reside under the same roof.In 2015, the California Supreme Court ruled on a case where even though the marriage was, for all intents and purposes, over, a couple who lived together was not legally separated. The Court reasoned that it was upholding a state statute from 1870s stating that couples must be “living separate and apart” to establish a date of separation.
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If the spouses can’t agree on the date, or if one party claims the other’s conduct was inconsistent with the intent, problems may arise and a trial may be necessary.