Separation date.

On 12/05 I was asked for a divorce. We stayed together, but separate, until 3/06 for financial reasons when I moved to another city. I moved back in after 2 years for financial reasons (1/08). On 2/08 we agreed to try again without success deciding to go our way 9/08. We lived together for financial reasons until 2/09. Can I use 12/05 as separation date?

Asked on May 24, 2009 under Family Law, California

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I very much doubt that you can claim separation before the last time you moved out.  I'm not a California attorney, but every divorce law I've ever looked at, that allows separation for a time as grounds for divorce, requires the time period to be continuous.  There may be other grounds for divorce that you might consider, depending on the unique facts of your case, and you should go over these with an attorney in your area.  One place to find qualified lawyers is our website, http://attorneypages.com


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