The California divorce law is founded on common law but it is interpreted by case law according to the California Supreme Court.
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Community property is all that both parties have acquired during the marriage irrespective of the location.
These assets are shared in half by both parties unless stated otherwise by the law.
When determining the duration of a relationship as well as property matters, the date must be agreed upon.
During the divorce case, the court will use the decided date to rule on what qualifies as private and community property.
If the court finds inconsistencies in behavioral patterns such as having dinner together, engaging in joint activities like vacations and other events, it could mean the spouses are inconsistent with a separated couple.
In such cases, the court will use the most appropriate indicator in determining the date of separation.California divorce courts typically looks at each spouse’s living situation and whether or not the two of them are truly separated.Some of the factors the family court takes into consideration include whether the spouses continue to live under the same roof, continue to hold themselves out to the public including family and friends as married or separated, continue to merge their finances and support each other, file joint or separate income taxes, engage in sexual intercourse with each other, date others and, in general, whether their private conduct is consistent with a couple of people who have had a final and complete break in their marital relationship.Many of these date of separation cases, once all of the facts are gathered, settle and do not proceed to hearing.Do you have a family law case with the date of separation an issue? Contact our family law attorneys for an affordable, initial consultation.Normally, it rises from instances where couples separate for the first time and then reconcile.