With Your Family in Mind

In marital dissolution proceedings, one of the key elements which can be of considerable consequence with regard to divorcing couples’ property rights is their date of separation. Family Code section 771 states that the earnings and accumulations of a spouse while living separate and apart from the other spouse, are the separate property of the spouse.  However, the statute does not specifically define “date of separation” or specify a rule for determining it.

Did you know our valley has a Bar Association?  Several of our local attorneys formed this bar association a few years ago, intending to foster communication among local attorneys, provide legal education to its members, and support our community in a variety of ways.  I am honored to serve for a third year on the Board of this association.

Setting up ground rules to resolve issues helps couples keep their eyes on the big picture rather than on mini “victories.”  That’s one of the reasons that a mediated divorce, on average, feels and works better than a litigated divorce.  

Sometimes during custody battles or residency decisions parents find themselves involving their children.  They do so sometimes hoping the opinion of the child will affect the outcome.  Other times, the children themselves may ask for a change.  The child’s desire may be influenced by many outside influences; sometimes they might want to be closer to a particular school or friends.