Q: Is the date a divorce is filed or the date the divorce is finalized the date that a marriage is considered terminated
Or is it the date one party moves out to separate the end of the marriage? Trying to determine length of time one would get alimony if the marriage is to end
A: A divorce in California is final upon the entry of judgment or as you stated - finalized. There are three dates that are necessary to a divorce. The first one is the date of marriage. This one is the easiest to determine and can be found on your marriage license. The second date is the date of separation. That is the day that you and your spouse "separate", or one of you moves out of the marital residence. The "finalized" date is the third date. This date will be on your final divorce judgment papers from the court who issues it. Folks sometimes confuse the date of separation to be a "finalized" date because just about every family attorney will advise parties that once you have "separated" you are generally no longer responsible for debts that the other spouse incurs after that date of separation. This can put people under the impression that the marriage is "terminated". Although the date of separation serves as a "cut off" for assets and debts under California Community Property Laws, it still is not the final judgment/decree date. So the real end date is the one that will come on your paperwork from the court judgment. Best of luck to you.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
