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Santa Ana , CA 92705
Separation
Date of Separation :
This date is required when you fill out a petition for dissolution. According to California law, the date of separation means the date "when the parties have come to a parting of the ways with no present intent to resume their marriage and their conduct evidences a complete and final break in the marital relationship." [ Marriage of Hardin (1995) 38 Cal.4 th 448, 451]
The date of separation is very important as it may determines what assets and debts can be considered separate and what assets and debts can be considered community.
Filing for Legal Separation
Married couples usually exercise this option instead of filing for divorce for two common reasons:
to maintain medical insurance coverage (usually for a spouse with pre-existing medical condition)
for religious and less common for personal reasons where parties do not wish the marriage to be permanently dissolved.
You can file for legal separation on the same grounds of divorce action. A judgment of legal separation does not terminate the marriage but can determine property rights, custody and support issues between the parties.
