Q: My husband and I took a 6 month break from our divorce bcuz my parents died. We had our 3yrs Can date ?
my divorce paper work is based on a 2 year marriage from hell . my parents died and we put the divorce on hold August-Feb 2024 we celebrated our 3rd wedding anniversary. Can I change the separation date?
A:
I'm sorry to hear about the loss of your parents and the difficulties in your marriage. In California, the legal date of separation can have significant implications for property division and spousal support in a divorce. Here are a few key points regarding your situation:
1. Separation date: In California, the date of separation is when one spouse decides the marriage is over and takes actions consistent with that decision, such as moving out or communicating their intention to end the marriage. If you and your spouse reconciled and resumed your marriage from August to February 2024, you may be able to argue for a new separation date.
2. Changing the separation date: To change the separation date on your divorce papers, you would need to amend your petition or file a motion with the court explaining the circumstances of your reconciliation and subsequent separation. It's best to consult with a family law attorney to discuss the specific details of your case and the best course of action.
3. Impact on property division: The length of your marriage and the date of separation can affect how property is divided in a divorce. Generally, assets and debts acquired during the marriage (from the date of marriage to the date of separation) are considered community property and subject to division. A change in the separation date could impact what is considered separate or community property.
4. Spousal support: The duration of your marriage is also a factor in determining the length of spousal support (alimony) payments, if applicable.
Given the complexities of your situation, it is highly recommended that you consult with a qualified family law attorney who can review your case, advise you on the potential implications of changing your separation date, and guide you through the legal process.
A: You took a break from your divorce proceedings, but that doesn't mean you reconciled. Did you? Your date of separation remains as stated in your original petition for dissolution unless you are saying here that you reconciled and then decided again to divorce. In that case, you can file an amended petition. Otherwise, you described a "marriage from hell", so it's not really clear why you think you need to or can change the date of separation.
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