Date of Separation Update

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In July, 2015 the California Supreme Court clarified the law on date of separation for divorce. In IRMO Davis (here is the link to the opinion: Davis S215050) the Court held that to establish a date of separation a divorcing spouse must present facts establishing a complete and final break in the marital relationship, including living separate and apart. Living separate and …

Major Decision on Date of Separation

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Until this week couples going through divorce could be considered separated even though they continued to live in the same home together.  No More… The California Supreme Court has issued its long awaited decision in the case of In re the Marriage of Davis. Bringing clarity to the often confusing question of when a couple is separated for divorce. Even …

Divorce Disclosures Are Serious Stuff

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As part of every California divorce each spouse is compelled to complete and exchange declarations of disclosure that list all property and debt. Some lawyers take shortcuts when preparing the disclosures for their clients.  We don’t at Harding & Associates Family Law! Our clients spend a lot of time with us making sure that there disclosures are done 110%.  Here …

Important Property Characterization Opinion from Cal. Supreme Court

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The long awaited Valli opinion has been issued by the California Supreme Court. In the case husband and wife purchased a life insurance policy insuring husband’s life.  There was no dispute the life insurance policy was purchased during the marriage, and with community property money.  Ordinarily there would be no discussion.  The policy would be characterized as community property.  In …

Property in a Divorce

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Spouses often execute deeds between themselves for property.  They want to protect the property from lawsuits and creditors, they want to refinance and have to get around bad credit problems, they want to avoid probate, etc., etc.  These transfers are all fine and dandy until there is a divorce. Consider Christina and Muriel.  Christina filed a petition for dissolution of …

The Evolution Of The Pre-Nup

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An unpublished opinion out of Orange County gives us a great primer of nuptial agreement law in California. Raymond and Roberta met in 1984.   They got engaged.  Raymond insisted on a pre-nup.  “Raymond told Roberta his last divorce was very difficult and he did not want to pay spousal support.  Raymond explained he would not get married unless she signed …

Whole Life Insurance: Asset or Proceeds?

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An unpublished opinion out of Humboldt County helps us to understand what a whole life insurance policy is at divorce. During the marriage Sharon and Charles purchased a whole life insurance policy insuring the life of Charles.  At the 2007 divorce the cash value for the policy was determined, and each party was credited with half the value of the …

A Divorce Judgment Is A Money Judgment

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Susan and Lee got divorced.  The 1985 judgment dissolving the marriage found their residence to be community property, and ordered that Susan receive half the proceeds of the sale of the residence, less costs of sale and an existing encumbrance.  Although the judgment directed Susan and Lee to cooperate in listing and selling the residence “forthwith,” Lee continued to live …