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Recent Posts in Physical Separation Category

The Date of Separation Wars Continue - Will New Family Code Section 70 Abrogate Marriage of Davis?

The Uncertain Landscape of Date of Separation in California Divorce - New Family Code Section 70 My colleague, attorney David C. Stone of Anaheim, recently brought to my attention Senate Bill 1255 ...
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Magnitude 8.1 Earthquake Rocks California Laws Governing Date of Separation - Meet Marriage of Davis!

California Divorce Laws Rocked by Seismic Shift In Defining Date of Separation ! Marriage of Davis (7/20/15) [Click to Read] By T.W. Arnold III, CFLS In what is possibly its most shocking family law ...
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Are SUPPORT Orders SUSPENDED If Spouses RECONCILE and Resume Living Together?

Q. Last year I filed for divorce after my wife moved out with our twin daughters. My wife got orders for child support for our twins, and spousal support. We've decided to try marital counseling, ...
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Do I Have to Return THE ENGAGEMENT RING If We Don't Marry Or If We Later Divorce?

Q. I was given a beautiful and expensive diamond engagement ring by my fiancé. Now he says we shouldn't get married after all and he has demanded I return it! What are my rights? I ...
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If DATE OF SEPARATION Is Contested, What Do Courts Look At?

Q. If I contest date of separation, what evidence do courts look at? A. The question for trial courts is: Does one or both spouses objectively and subjectively act and appear as though they intend a ...
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I Have Been Paying the MORTGAGE Since SEPARATION - Am I Entitled to WATTS CREDITS?

Q. I have been occupying our family home alone since my wife left over a year ago. I pay all the interest only mortgage, property taxes, and insurance with no help from her. Does she owe me half of ...
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My Ex Has Been EXCLUSIVELY USING Our RESIDENCE - Is There an EPSTEIN CREDIT For This?

Q. I have been occupying the home after my wife left over a year ago. I pay all the interest-only mortgage, property taxes, and insurance with no help from her. Does she owe me half of any of this? A. ...
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What are EPSTEIN REIMBURSEMENTS?

Q. My wife and I are getting our divorce with the assistance of a paralegal. That person has prepared a Marital Settlement Agreement. The paralegal says she cannot give us legal advice. There is a ...
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PRELIMINARY DECLARATION OF DISCLOSURE in California (PDD's)

California Family Law Disclosure Forms Whether you are representing yourself in your divorce, or a pro per family law litigant, you need to know about and understand the Declarations of Disclosure ...
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If my Wife and I are separated, do I have to pay the CREDIT CARDS she ran up after leaving?

Q. My Wife and I are separated. Am I liable for her debts she incurs once we split up? James, Blythe, CA Credit Card Debt and Divorce If you are a co-signor on, for instance, a credit card account you ...
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Why is the date of PHYSICAL SEPARATION legally important?

Q. Why is the idea of 'physical separation' important in California divorce or domestic partnership dissolutions? A. The idea of "physical separation" is one of the most important ...
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What Is a LEGAL SEPARATION in California?

Q. What is meant by "separation" in California, and is legal separation a good idea? A. There are two contexts in which the word separation is used in divorce and family law in California: ...
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My wife she used her INHERITANCE to buy our home. We are getting divorced.

Q. My wife and I separated in June 2009. When we purchased our home in March of 1998 (married December 1994), she used part of an inheritance from her grandmother to help with the down payment. I have ...
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My Husband Is Receiving A PERSONAL INJURY SETTLEMENT. Am I Entitled To Any of It?

Q. My Husband is receiving a large settlement for an auto accident he was in. If we divorce, am I entitled to one-half of the settlement? Allice - Rancho Cucamonga, CA Probably not, but maybe. ...
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What is permanent SPOUSAL SUPPORT in California?

Q. What rights do I have to permanent spousal support? I live in Palm Desert, CA. Suzanne A. Permanent spousal support is not usually "permanent," although it can be in cases of very long ...
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How is TEMPORARY SPOUSAL SUPPORT Determined in California?

Q. How is temporary spousal support calculated in California? Temporary "Pendente Lite" Spousal Support Awards in CA Divorce In order to be entitled to spousal support, parties must be ...
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