In the recent opinion in In re the Marriage of Davis, 220 Cal. App. 4th 1109 (2013), the 1st District Court of Appeal, Division 1 considered the importance of the physical separation of the parties when determining the date of separation in a divorce proceeding. On appeal, the court ultimately concluded that certain prior case law did not control the outcome in this case, and as such, upheld the trial court's ruli...
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