What is the definition of separation – must it be a legal separation or can it just be an agreed separation?

In my state, to get a summary dissolution the law states you must have been married less then 5 years from the day you separate.

Asked on September 22, 2012 under Family Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country, the term "separation" with respect to a marital matter means that the spouses are no longer residing with each other with no intent to do so in the future where there personal affairs are now distinct and separate from the other where they have no intent to resume living together.

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