Relationship Advice

Divorce and Taxes

One interesting thing about getting divorced in California is that you have to wait six months after filing for a Joint Petition for Summary Dissolution of Marriage, before you can petition for final judgement. Yup, it takes six months to get a divorce. “You’d think they’d make you wait six months before getting married,” was Grandma’s response.

This leaves open questions as to what constitutes Community Property, and filing taxes. Answers I have not easily found online. A bit of “friendly advice” I got from someone is that Community Property ends at separation. As far as filing taxes, I found another bit of advice:

You are considered unmarried if you were legally separated on December 31 or if your spouse did not live in your home for the last six months of the year.

So, let us say your spouse seperates from you in April, files in July, and you are still legally married until January.  As best I can tell, you file separately, and the assets your acquire later in the year are yours.

Of course, I am neither a lawyer nor an accountant.

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Categories: Relationship Advice

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