The courts are aware, however, that financial, cultural, and/or other factors may not make this cut and dry option a reality for some couples.If separated spouses are still living in the same home, there are ways to ensure ‘physical’ separation in the eyes of the court.
A Box of Worms One of the most important things to determine in a divorce or legal separation is the date the parties separated.
Accordingly, “the evidence would need to demonstrate unambiguous, objectively ascertainable conduct amounting to a physical separation under the same roof.” Discuss this concept in further detail with your Los Angeles divorce lawyer.
A well-known example of conflicting dates of separation occurred in the case of , the parties (Samuel and Maureen Manfer) had privately acknowledged that their marriage was over but kept this information from colleagues, friends, and family for about nine months.
There are the cases where one spouse unambiguously declares to the other party, “I want a divorce,” promptly moves out, and does not reconcile.
In these cases, it is easier to determine the date of separation.