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Thus, the law as of January 1, 2017, will essentially be the same as it was prior to the ruling in .
Even after January 1, 2017, living in the same home is a relevant factor in determining the date of separation.
The date of separation may be relevant to many issues including but not limited to the following: Often there is a disagreement as to when the parties actually separated.
The date of separation can be the subject of a lengthy and expensive trial.
Section 70 is added to the Family Code, to read: (2002) 102 Cal. Essentially, this statute eliminates the ‘living under a separate roof’ bright line test for the date of separation.
An undisclosed intention to separate cannot be the basis of a separation.
Generally, there can be only one date of separation.
The date is determined by a variety of factors including each party’s actions and words.
The determination of the date can be difficult and reasonable people (including judges) may disagree.