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California Law - What is the "Separation Date"? The separation date occurs when either party does not intend to resume the marriage, and his or her actions "bespeak the finality of the marital relationship." The ultimate test of the separation date is the parties' intent. Cases: Hardin (1995) 145 Cal Rptr 2d 308, 38 Cal App 4th 448 (separation occurs when actions of a party bespeak the finality of the marital relationship). Baragry (1977) 140 Cal Rptr 779, 73 CA 3d 444 (husband lived with girlfriend for four years, but maintained contact and the appearance of being married to wife; the court found that separation had not occurred).
Disclaimer: We are not giving legal advice. No warranties. We disclaim all legal liability. More... Click here to go to top California divorce law page. Click here for the California divorce legal table of contents. | |||||||||||||||||||||||||
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