Lee & Lin: Date of Separation

In re Marriage of Lee & Lin (Date of Separation)

California Court of Appeal, Sixth District

Published Opinion, (2019) 41 Cal.App.5th 698

File Date:
Filed 10/30/2019

The family court found that the spouses legally separated in May 2012 when the husband moved out of the marital home, returned his keys to his wife, rented his own apartment and provide no keys to that apartment to his wife. Their conduct afterward showed no intention to reconcile or continue as a married couple. The appellate court affirmed, holding that their date of separation per Family Code section 70 was the date the husband moved out. The definition of the date of separation in Family Code section 70 was properly applied to conduct before the statute was enacted. The court held “[t]he ‘date of separation’ definition added by section 70 is consistent with case law interpreting and applying former section 771.” There was no finding that the husband communicated his intention to end the marriage, but the husband testified he told his wife the marriage was over when moved out.

Lee and Lin 10-30-19

The case listed here was not handled by Walzer Melcher unless the description states that Walzer Melcher appeared as counsel.