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Even if you lose your job, you do need to continue paying your support orders. However, there is the opportunity for you to pursue a temporary termination or a modification to the order if you suffer a financial hardship. This has to be done through the court and you should not stop paying until the court approves your modification. Depending on the financial hardship, this can be done through a regular Request for Order or an Ex Parte Proceeding.

The Date of Separation is the date that one spouse communicated his or her subjective intent to the other spouse that the marriage is over and thereafter demonstrated his or her objective intent by moving out of the joint residence, or some other mutually agreed upon action that evidenced the end of the marriage. In other words, an intent to never resume the marriage must be clearly shown. A Petition for Dissolution of Marriage requires specifying the Date of Separation and is to be distinguished from a Legal Separation. If parties reconcile after separating, then a new Date of Separation is needed for a future separation.

When going through a divorce, property division is one matter to be resolved. This is done by determining what property is separate and what is property is community property. Community property includes all earnings, belongings, and debts acquired during the marriage, plus more. Once this determination is made, community property will be divided equally between the spouses. Separate property remains in the possession of the owner. The parties are also free to make a mutual determination of their property division, but this should be done with the assistance of an experienced family law attorney.