How do I document instances of my spouse leaving the home? 2 Answers as of July 12, 2011

My spouse left home. I want to document this issue with some authority so I may use this for any further procedures. How do I do this?

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Wallin & Klarich: A Law Corporation
Wallin & Klarich: A Law Corporation | Paul Wallin
This information can be critical to the official legal date of "separation". The only way to document it would be to videotape your spouses comings and goings or keeping a calendar as to when she came and left and take photos of her leaving and coming in the car your spouse drives.
Answer Applies to: California
Replied: 7/12/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
If you intend to divorce your spouse, and the last date that your spouse left the house you decided that your marriage was over, in your Petition for Dissolution of Marriage, you can set forth that date as the date of separation. Note that post-separation earnings of each party are the separate property of the respective parties. If the parties reconciled after a prior separation, that reconciliation would likely result in the court's finding that the earnings during the prior separation were community property. Otherwise, a party could temporarily separate for a brief period of time to convert anticipated windfall income to separate property, and then reconcile. However, after the final separation, earnings are separate property. The only area that prior separations would appear to have any relevance is under Family Code Section 4336(b) in the calculation of the duration of the marriage for purposes of long-term spousal support, where it states that the court may consider periods of separation during the marriage in determining whether the marriage is in fact of long duration.
Answer Applies to: California
Replied: 7/12/2011
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