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Family

Jun. 19, 2023

Cultural Divorce, Part VII: Date of separation

Looking at the provision for divorce under Iranian Law and Procedure provides a road map for comparison. The Iranian law recognizes two types of divorces: "reconcilable" and "irreconcilable." Subject to exceptions and limitations, a reconcilable divorce (called Rejee) is filed by the husband. The wife files for an irreconcilable divorce (called Baen).

F amily Code Section 70 fabricates an opportunistic free zone of separate interest at the end of a failing marriage. "California date of separation" facilitates a breach of fiduciary duty during the marital relationship. Unscrupulous spouses may attempt to re-brand community property as a separate property, introduce anti-fiduciary actions and encourage fraudulent transactions in a fiduciary r...

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