The date of separation was the pivotal issue in In re Marriage of Lee and Lin.
The husband moved out of the family home twenty-seven months before filing a petition for divorce. The parties had been married for more than twenty-six years at the time that the husband moved out of the home.
The main issue on appeal was what was the date of separation for the purposes of the divorce. The husband argued that it was the day he moved out of the family home. The wife argued that it was the date that the petition was filed. The trial court determined that it was when the husband moved out of the family residence. The wife filed an appeal.
The Sixth Appellate District Court upheld the findings. It stated that the date of separation occurs when one spouse expresses to the other spouse an intent to end the marriage and then acts in a way that is consistent with that statement. After the husband stated that he intended to get a divorce, he moved out of the family residence, divided accounts, stopped participating in family functions.
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, and (2) The conduct of the spouse is consistent with his or her intent to end the marriage.
If you need legal advice and are looking for a family law lawyer in Orange County to address a dissolution issue such as the date of separation or any other divorce matter such as legal separation, annulment, custody, child support, spousal support and/or property division, please consider Treviño Law in your divorce attorney search. We are located in Laguna Hills right off Lake Forest exit to both the 405 and 5 freeway.
Although the posting of this information can be considered free legal advice for a divorce in Orange County, it does not address other factors which may play a significant role in a particular dissolution. Circumstances in your divorce may alter the results in your dissolution.
Please note that this legal advice does not establish a family law attorney-client relationship. This is a legal advertisement for Treviño Law, Inc.
