Family Code section 70 effective 1/1/17 - "Date of Separation"

For a history of this statute, please see our Blog on Marriage of Davis. Which decision, by the way, we highly criticized. Was someone listening?

Read our Date of Separation Blogs For Information About What Evidence Proves Separation!


CALIFORNIA FAMILY CODE

CHARACTERIZATION OF PROPERTY

What Is Meant by Date of Separation - Effective 1/1/2017

Family Code Section 70

(a) "Date of separation" means the date that a complete and final break in the marital relationship has occurred, as evidenced by both of the following:

(1) The spouse has expressed to the other spouse his or her intent to end the marriage.

(2) The conduct of the spouse is consistent with his or her intent to end the marriage.

(b) In determining the date of separation, the court shall take into consideration all relevant evidence.

(c) It is the intent of the Legislature in enacting this section to abrogate the decisions in In re Marriage of Davis (2015) 61 Cal.4th 846 and In re Marriage of Norviel (2002) 102 Cal.App.4th 1152.

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