In California, the bodily separation of spouses, with one partner vacating the marital residence previous to the finalization of a dissolution of marriage (divorce) continuing, is a standard prevalence. This motion signifies the tip of the conjugal relationship’s cohabitation side. For instance, a partner may transfer to a separate condo or home, establishing a brand new, unbiased residence. The authorized ramifications of this separation, notably in a group property state like California, are vital.
The timing of this separation can affect a number of aspects of the divorce course of. These aspects embrace the date of separation, which is a crucial determinant for characterizing belongings and money owed as group or separate property. Furthermore, the placement of every partner through the divorce proceedings can affect logistical issues reminiscent of serving authorized paperwork and attending courtroom hearings. Traditionally, establishing bodily separation served as a key indicator of marital breakdown, usually previous formal authorized motion.