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Although the Court suggests that this bright-line rule has been and continues to be the state of the law prior to this decision, as a lawyer practicing exclusively in the area of Family Law for the past decade, this was not my understanding of the law concerning date of separation.
For example, in Davis, the parties stopped having sex after the birth of their son, which was nine years prior to the filing of the divorce. Although they ate dinner together, there was testimony from both parties that they elected to remain in the same home for the sake of the children.
However, post-Davis, although moving out of the family residence does not automatically establish the date of separation, it is now a prerequisite. Although this will make it easier for Courts to determine this issue, the practical effect, as argued by the wife in Davis, can have harsh consequences.
Specifically, some parties agree to live in the same house after separation for the sake of the children. Other couples cannot financially afford two households, and agree to live in the same home so that they can continue to preserve what may be their largest and in some cases their only asset i. Many times, especially older couples, simply have nowhere else to go until the home is sold, and for anyone remotely familiary with the practice of family law knows that this can sometime take years.
Why is this important?
The same section goes on the define a marriage of long duration as a marriage of 10 years or more. For example, the general rule on spousal support is that the spousal support obligation of a short-term marriage i. While bright line legal rules are nice and convenient in certain areas of law, the area of family law is unique in the sense that it involves the most private of decisions between couples, often times involving the well-being of young children.
In other words, there cannot be two definitions of the date of separation as it applies to property characterization and spousal support. Save my name,and website in this browser for the next time I comment.
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In California, there are several ways to end a marriage or domestic partnership: dissolution more commonly know as divorcelegal separation, and nullity also known as annulment.
Learn how date of separation may affect spousal support and division of assets or debts.