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Family

Mar. 17, 2016

Bill would clarify 'date of separation'

The date of separation, a pivotal issue in a dissolution or legal separation matter in California, has primarily been defined by case law.

Navid Moshtael

Moshtael Family Law

Email: navid@moshtaellaw.com

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Kristina I. Ledgar

Newman Family Lawyers, APLC

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The date of separation, a pivotal issue in a dissolution or legal separation matter in California, has primarily been defined by case law. There is no statute defining the "date of separation." In 2015, however, the California Supreme Court issued a bright-line rule that living in separate residences is "an indispensable threshold requirement" for a finding that spouses are "living separate and apart" for purposes of Family Code Section 771(a). In re Marriage of Davis, 61.Cal. 4th...

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