In California, the physical separation of spouses, with one spouse vacating the marital residence prior to the finalization of a dissolution of marriage (divorce) proceeding, is a common occurrence. This action signifies the end of the marital relationship’s cohabitation aspect. For example, a spouse might move to a separate apartment or house, establishing a new, independent residence. The legal ramifications of this separation, particularly in a community property state like California, are significant.
The timing of this separation can influence several facets of the divorce process. These facets include the date of separation, which is a critical determinant for characterizing assets and debts as community or separate property. Moreover, the location of each spouse during the divorce proceedings can impact logistical matters such as serving legal documents and attending court hearings. Historically, establishing physical separation served as a key indicator of marital breakdown, often preceding formal legal action.
