Entries Tagged 'Date of Separation' ↓

Clean Break, Date of Separation

“Date of Separation – Proceed at Your Own Risk”
Los Angeles Daily  Journal, Vol.111, Issue 222, November 16, 1998

Yogi Berra, renowned baseball catcher and manager, philosopher, semantician, and apparently legal scholar, succinctly (if inadvertently) summarized the holdings of a series of appellate decisions interpreting the meaning of “date of separation” when he said, “It ain’t over till it’s over.”

Where the parties differ as to when their marriage was “over” in the family law sense, the outcome of that dispute will affect the characterization, valuation and distribution of property, as well as spousal support issues including amount, duration, and terminablity. Continue reading →

Breaking Up is Hard to Do

A unique aspect of family law litigation is the often continuing relationship of the parties. Long before a divorce judgment has been entered, it is common for the litigants to still have a lot of dealings with each other because of their children, friends, or family events. During the divorce process, the parties may make friendly gestures to each other and have cordial relations. For example, in the best interest of the party’s children, they may jointly choose to attend a child’s soccer game.

Unfortunately, these types of amicable actions by parties may have significant legal consequences in determining the date the marital relationship did in fact end. Continue reading →

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