Blog

Linda Lindsey
January 23, 2017

Date of Separation in California

What is the legal “date of separation” in California, and why is it important for divorcing
couples? The date of separation generally refers to the date the couple’s marriage “ended”, and
is used to determine property rights and spousal support.

Impact of Date of Separation


California Family Code Section 760, defining community property, provides, “Except as
otherwise provided by statute, all property, real or personal, wherever situated, acquired by a
married person during the marriage while domiciled in this state is community property.”

California Family Code Section 770 defines separate property as follows:

Separate property of a marr...

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*Ran in January 2012 in a local newspaper, Yes We Can.

DROWNING IN DEBT?
WANT A FRESH START IN 2012?
THINKING ABOUT FILING BANKRUPTCY BUT TOO EMBARASSED?
DON’T BE!

The current economic environment has had a negative impact on many individuals and families. Events such as: loss of a job, reduction in work hours, and business slow down have caused many to suffer financial hardships. When faced with the choice between paying credit cards and buying food, the credit cards don’t get paid. Before you know it, THE BILLS ARE TOO MUCH AND YOU DON’T KNOW WHAT TO DO!Well, there is an answer. Consider filing for bankruptcy. Yes, I said bankruptcy! Federal laws govern bankruptcy and a fundamental goal of the bankruptcy laws is to give ...

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In June, 2008, the Supreme Court of California ruled that a law prohibiting same sex marriages was a violation of the California Constitution. Almost immediately after this decision, many same sex couples were married and received marriage licenses in California. However, this did not last, because the citizens of California approved Proposition 8 in November, 2008. Proposition 8 approved an Amendment to the California Constitution, banning same sex marriages. (This left many same sex couples in legal limbo, because it was unclear if their marriages were still valid in California.) It also halted any new same sex marriages until 2013.

A lawsuit challenged Proposition 8, asserting it violated the United States Constitution. (Hollingsworth...

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