Dating and legal separation in california


03-Feb-2018 00:04

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Discovery is not the first topic that comes to mind when parties meet with a family law attorney for the first time.

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There are the cases where one spouse unambiguously declares to the other party, “I want a divorce,” promptly moves out, and does not reconcile.

Courts will be required to take into account all relevant evidence in determining the date of separation, and living under the same roof will become merely a factor, and not a bar, in the court’s analysis.

"SB 1255 will assist families as they enter a highly transitional time, both relationally and financially within the family unit.

In the recent case of In Re Marriage of Davis (2015), the California Supreme Court ruled that a couple must have separate residences in order to legally be considered “living separate and apart.” This ruling removed judicial discretion in sensitive situations where couples are trying to establish a date of separation through the divorce process.

SB 1255 makes an important change for couples who have various reasons for living under the same roof while going through a divorce, whether they are financial or revolve around discreet family issues.

The ruling came in the case of Keith and Sheryl Davis.



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