Objective: To address the ambivalence about the marriage from one or both partners.
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Any separation that drags on will gradually turn into two new and separate lifestyles.2. It's important to know the rules of the separation — what is acceptable, what isn't. Communication can be difficult, as couples are likely to blame each other and recount past behavior rather than finding solutions to steer a better course together.
Sometimes it is helpful for the couple to agree to “trial separation.” In this post you will learn a way to go about a structured or trial separation.
Definition: Terminating cohabitation with a moratorium on the final decision to reunite or divorce – basically a postponement of that decision for a time.
The reason date of separation can be such a hot button in a divorce is because two fundamental divorce issues flow from the parties' duration of marriage as determined by the date of separation - community property rights and spousal support.
Community property is defined in the section 770 as follows: "Except as otherwise provided by statute, all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in this state is community property." The other side of the coin can be seen in section 771 (a), which states, "The earnings and accumulations of a spouse and the minor children living with, or in the custody of, the spouse, while living separate and apart from the other spouse, are the separate property of the spouse." Applying California law to a marriage situation, it is easy to see that while the parties are married, all the property acquired by the married person (with some exceptions stated elsewhere in the code) is community property and that the community property rights stop accruing once the parties have separated.