Category Archives: Date of Separation

How is the Date of Separation Determined in Orange County?

In Davis v. Davis, the Supreme Court of California reversed the Court of Appeal’s conclusion that the date of separation could occur before the parties maintained separate residences. FACTUAL BACKGROUND LEADING TO THE DISSOLUTION The parties in Davis lived in … Continue reading

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Date of Separation in Respect to Date That One Party Moves Out of the Family Residence.

The appellate court in Davis addressed whether a spouse must move out of the family residence in order to establish the date of separation. FACTUAL BACKGROUND LEADING TO THE DISSOLUTION The parties continually lived together for twelve years after the … Continue reading

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Date of Separation: Factors to Consider

 In Norviel v. Norviel, the appellate court determined what factors are required in order to establish the date of separation. FACTUAL BACKGROUND LEADING TO THE DISSOLUTION In this case, the parties were married in 1993. In June of 1998, … Continue reading

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What Standard of Proof is Required When the Date of Separation is at Issue?

The standard of proof in any case is important. It helps determine which side has to prove their case to the judge. In re Marriage of Peters discusses the different burdens of proof. FACTUAL BACKGROUND LEADING TO THE DISSOLUTION OF … Continue reading

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What Factors Does and Orange County Divorce Court Consider to Determine the Date of Separation?

In the case of Manfer, the Orange County court discussed which factors it considers to establish the date of separation in a dissolution. FACTUAL BACKGROUND LEADING TO THE DATE OF SEPARATION DISPUTE The parties mutually agreed to end their marriage … Continue reading

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In California, a Divorce Court Will Evaluate Many Factors to Determine the Date of Separation.

In Hardin v. Hardin, the Orange County divorce court heard evidence to determine the parties date of separation. FACTUAL BACKGROUND LEADING TO THE DISSOLUTION OF MARRIAGE The husband moved out of the family residence in 1969. The parties did not … Continue reading

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Is the Date of Separation Important in a Divorce in Orange County?

The date of separation becomes more important in a divorce when the parties’ debts or assets have increased substantially during the time that the parties purportedly separated. Usually the longer the time between the separation and one party files for … Continue reading

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Date of Separation Facotrs in an Orange County Divorce.

In Baragry v. Baragry, each party stated a different date of separation. In the divorce trial proceedings, the wife claimed it was in 1975, the husband claimed it was when he left the home in 1971. FACTUAL BACKGROUND LEADING TO … Continue reading

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