Ending a marriage is never easy and there are always many legal questions. In this economy, and with the current California housing market, more and more divorcing couples are making the decision that can be uncomfortable but makes the most sense for them: Continuing on as roommates after they divorce.
This can cause serious complications to the divorce process but thankfully the state has decided to do something about that. The problem is this: As of today, according to California law, the ending date of the marriage is the date on which either one or both spouse moved out of the marital home. You can see how this would be a huge problem for breakups in which both spouses continued living in the house.
Thankfully, as of January 1, 2017, the definition of the ending of the marriage will be changed. Couples will then be able to divided their assets based not on when one of the moved out, but on the day that one or both of the spouses stated their intention to end their marriage.
As of today, the rules can be very confusing. Consider that just a few years ago, the Supreme Court of California said that a couple that’s divorcing isn’t to be considered separate and apart if they’re living in the same household – even if they’ve physically divided their home in such a way that they’re literally never in the same room with one another.
The new law was passed almost unanimously
This new law, which was written and presented by Senator John Moorlach of Costa Mesa, was approved almost unanimously – which is a rare feat in the California legislature. The Governor signed the law and, as we mentioned, it will be in effect on January 1st. It was also supported by the State Bar’s Family Law section. They support it for many reasons, including the fact that couples will no longer have to choose between staying in a terrible marriage or having to move out of their residence.
Do you have questions about how this new law will affect your divorce?
Are you considering starting the divorce process? If so, then now is the time to contact Law Offices of Torrence L. Howell. We’re happy to provide a free case evaluation during which we can tell you a little bit about what we do, you can explain your situation, and we can provide a brief overview of your options.
Remember that divorce involves a wide range of potential complications. If you have children then you’ll need to consider child support and child custody, alimony may be a concern, and everyone will have to figure out the best way to establish property rights. The good news is that you’re not in this alone. We will walk you through the process, step by step, and ensure you get a fair stake.
