Married 1991. Lived separate houses from 2005-2011. During those years we would communicate, visit each other and be intimate with one another. 2012 not much contact. Has girlfriend as of 2012 and filed for divorce December 2016.
This is a classic huge "date of separation" mess. You really need to consult with experienced family law counsel familiar with the Norviel and Davis cases for a start. Who owns the house?
You will be entitled to 1/2 his checking & savings on 'date of separation' but unlikely to get 1/2 house but it will depend on when it was purchased and who holds title, along with the big question: what IS date of separation. He has an argument for 2005 if you both considered yourselves separated despite occasional intimate contact because you actually lived "separate and apart."
It's not clear. I strongly advise agreement.
All of Ms. Straus’ responses posted on Avvo are intended as helpful information, based solely upon the facts stated in the question, and are not to be relied upon as a full or complete legal opinion. It may not be what you wished to hear, and it does not create an attorney-client relationship. Ms. Straus has been licensed to practice law in California for 33 years. Ms. Straus regrets that she does not provide follow up free advice via email. Good luck.
You are entitled to one-half of CP assets.
DOS depends on additional factors you have not provided, such as: holding selves out as separated, state of mind, intent, numerous other factors.
Consult FL counsel for further explanation.
The law has changed and if you were not living in the same house, you may have a hard time arguing that you were not separated. This is a very fact-specific area of the law. Last trial I did on similar facts lasted 9 days and was very, very expensive. In the end the parties were so worried about which way the court would go, that they settled between them before the decision was made. If you can reach an agreement rather than going through what my clients did, I recommend it.
Consult with a family law specialist to see what your chances are.
This response is for general information purposes only and does not constitute an attorney-client relationship, nor is it legal advice to be relied on. I recommend an in-person consultation with an attorney who can gather more information.
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