FLM 162 – Date of Separation clip

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(0:00 – 0:15)
Hi, everyone, I’m Dr. Michael Mantell with another Family Law Matters. I’m always privileged to be joining Bonnie Rabinovitch Mantel who is the owner and managing partner of the Primus Family Law Group. Hi, Bonnie.

(0:15 – 0:22)
Hi, Michael, how are you doing today? Doing well, doing well. We have a lovely day here. And so- We do.

(0:23 – 0:38)
Okay, so the topic today is an interesting topic. It sounds like it’s getting a little bit in the nitty gritty, but it really is quite practical. Couples often separate before they actually file for divorce.

(0:39 – 0:59)
And so I know that that date of separation becomes really important in the divorce proceedings. Talk a little bit about that. What does that mean? And how do we know the date of separation and so forth and so on? You know, everybody who’s listening to this says, well, the date of separation is easy.

(0:59 – 1:06)
It’s when he or she walks out. And that’s actually not it, Michael. It’s when you guys have really decided your marriage is over.

(1:06 – 1:24)
And you know, those living in San Diego, it may not just be that easy to go and find another rental. Now you have two incomes, I mean, two houses, one income. So a lot of people choose to stay in the same home, different rooms, and consider themselves separated.

(1:24 – 1:41)
And what that means is when you stop holding yourself out as a married couple, you’re not going to each other’s Christmas parties. You’re not sending each other notes or celebrating birthdays. All of those factors play into what is the date of separation.

(1:41 – 1:56)
And yep, that sometimes happens months before you file for divorce. And it’s that date, Michael, that determines the community interest. Because when you’re separated, everything you do after separation is your own.

(1:56 – 2:22)
So it’s a very important date. So a follow-up question on that is, what if the two people in the marriage don’t agree on that date of separation because it means giving up some ownership and property and finances and so forth? You know, we deal with that all the time. And sometimes people are willing to pick a date in the middle or they realize, wow, you know, that date does make more sense.

(2:22 – 2:42)
And sometimes they don’t. And you actually have to have like a mini trial on that date of separation so that everything else can fall into place. And if people have questions about this, which is very interesting, I don’t think a lot of people actually think about this, but when they listen to this and they go, gee, I better pay attention to this.

(2:42 – 3:05)
So they have questions. How can they be in touch with you to get some more clarification? Well, they can reach us directly at 619-574-8000. Or they can reach us online at www.primusfamilylaw.com. There’s both a live chat operator who can help you get to us and a form that you can fill out to get to us.

(3:06 – 3:18)
And you offer a free 30 minute consultation on this, right? We do, Michael, by both Zoom or by telephone, whichever is your preference. That’s great. Very, very nice.

(3:18 – 3:24)
Bonnie, thanks again for very informative Family Law Matters. We’ll see you next time. Thanks, Michael.

(3:24 – 3:25)
Have a good week.