In the state of California, without a prenuptial or postnuptial agreement dictating otherwise, any property or income obtained while a couple is married is deemed marital property. Thus, when a couple makes the decision to end their marriage, it becomes vital to pinpoint the date they separated since any earnings obtained after that point are regarded as separate property. Recently, a California divorce case explained the factors evaluated in establishing when the separation happened. If you are considering ending your marriage, you should consult a Bay Area divorce attorney to evaluate your options for protecting your interests.
It is alleged that the parties wed in 2007. A decade later, the husband filed for divorce. Disputes then arose over the date of separation. The wife claimed the separation occurred four months after the wedding, but the husband argued they only separated when he initiated the divorce. The case was tried before a judge, who court ultimately agreed with the husband’s perspective. The wife filed an appeal, contending the trial court neglected to consider her intentions and conduct towards the marriage, given the abuse she experienced from her husband.
Determining the Date of Separation in Divorce Cases
On appeal, the Court rejected adopt the wife’s reasoning and upheld the trial court’s decision. The Court explained that when a couple separated is a factual issue that must be established by a preponderance of the evidence. Upon review of a trial court’s ruling, the courts evaluate whether there is considerable evidence to support it, considering all reasonable and legitimate inferences. Continue Reading ›