In California, including San Diego, legal separation is a recognized option for couples considering a split. Traditionally, legal separation entailed living apart, but the state’s high cost of living sometimes makes this impractical. This leads to the concept of in-home separation, where couples live together but lead separate lives. JWB Family Law delves into how this works in California.
The Evolution of Legal Separation Laws in California
Until 2015, the legal stance in California was that couples could not be considered legally separated while living under the same roof. This changed with the California Supreme Court case of In re Marriage of Davis (2015), which initially reinforced the requirement of physical separation. However, subsequent legislation amended this view.
California Family Code 570 now defines the date of separation as when the marital relationship ends rather than when couples move into separate homes. For a couple to be legally separated, there must be:
- A clear intention by one partner to end the marriage is communicated to the other spouse.
- Conduct that aligns with this intention, such as separate living arrangements within the home, cessation of intimate relations, and financial independence.
Considering In-Home Separation in San Diego
In-home separation is feasible under California law, provided the criteria of family code §70 are met. However, it can introduce complexities, particularly in a community property state like California, where marital assets accumulated during the marriage are split equally.
Living together while legally separated can blur the lines around what constitutes marital property. Additionally, it raises questions regarding child support and spousal support calculations. For instance, how is child support determined if both parents share the same home and expenses? Could alimony be claimed in such a scenario?
Challenges and Legal Advice for In-Home Separation
If you have children, especially those with special needs, or find it financially prudent to cohabit post-separation, in-home separation might seem appealing. Yet, it’s crucial to protect your interests and prepare for eventualities like divorce.
Working with a knowledgeable family law attorney like JWB Family Law in San Diego can be invaluable. Legal advice is essential for drafting separation and cohabitation agreements and setting a clear separation date.
Seek Expert Legal Guidance for Your Separation
If you are contemplating an in-home separation in San Diego, it’s crucial to understand the legal implications and prepare accordingly. JWB Family Law can provide the expertise and support you need to navigate this complex process. We offer comprehensive advice and solutions tailored to your unique situation, ensuring your rights and interests are protected.
Contact JWB Family Law for In-Home Separation Assistance in San Diego
Facing a legal separation is challenging, especially if considering an in-home arrangement. At JWB Family Law, we are committed to guiding you through every step, ensuring your rights are upheld and your future is secured. Contact us today at 619-776-3879 for personalized legal assistance in your inhome separation journey in San Diego.
