SUPREME COURT’S SURPRISING DATE OF SEPARATION DECISION

The family law legal community is buzzing. The California Supreme Court issued a much anticipated ruling this week regarding date of separation in the case of IRMO Davis. The date of separation can have a profound effect on many issues in a divorce, ranging from spousal support to property characterization. Until now, it was the one time the court would allow salacious facts involving extramarital affairs and intimate relations to come into evidence to prove or disprove whether the parties have truly separated. In Davis, the court has ruled that if the parties are still living in the same residence, they are not separated. However, in footnote 7 of the ruling, they leave open the possibility that parties living under the same roof may live in separate residences, making the entire ruling clear as mud. The take away is simply this, if establishing an early date of separation is an issue for you, you better call the movers. Read the ruling below and feel free to call the attorneys at CalDisso to discuss this or any other issue involving a California divorce.

In re Marriage of Sheryl Jones Davis and Keith Xavier Davis

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