Credit to JUSTcrono

Credit to JUSTcrono

The “date of separation” can be very important in dissolution actions.  Generally, property acquired by either spouse after separation is ordinarily separate property.  Usually couples may agree on the “date of separation” and although it is usually marked by someone moving out of the family home or some event that triggered a separation these are not precise tests for determining the actual date of separation.  There are times when couples reconcile which may give rise to more than one period of separation.  The best case on point is Marriage of von der Nuell which suggests that legal separation requires “conduct evidencing a complete and final break in the marital relationship.”

The date of separation is a subjective test and usually if couples disagree on the date of separation, the Judge is likely going to want to hear evidence to determine what day the parties intended to remain apart from one another indefinitely.

Military Divorces Up

armyThe divorce rate for those in the armed forces has edged up over the last year.  The Pentagon reports that there were an estimated 27,312 divorces amongst the approximate 765,000 married members in active duty.  This number is 0.2% higher than last year’s estimate and a full percentage point above the mark set just after the 9/11 attacks.

Women suffered a surprisingly higher divorce rate (7.7%) compared to their male counterparts (3%) in 2009.  Paul Rieckhoff, who served with the Third Infantry Division believes the marital fallout is closer to double digits than what the Pentagon reported.

“Every time my unit got deplyed, we saw a whole new round of divorces.” he said.

The divorce number does not include veterans which could possibly be more reflective of the true impact of war on the the family unit.  It is my belief that civilians who have never served can never understand all the stress involved with deployment, war and the mental toll it takes on the individual and their families.  I would also be willing to venture that the government likely wants to keep this number artificially low to encourage others to enlist but that is merely a personal opinion.

Story follows link:

http://news.yahoo.com/s/ap/20091127/ap_on_go_ca_st_pe/us_military_divorces/print


Multiple news outlets including ABC are reporting that a gentleman named Stanley Hilton has filed a lawsuit against the San Francisco International Airport claiming the noise from jet engines caused his wife and triplets to pack up and leave him.  Along with the divorce, Mr. Hilton has claimed the disturbances have caused his health and professional career to deteriorate.  Included in the $15 million lawsuit are the real estate agents who sold him the Hillsborough home.  Earlier this year in a separate lawsuit he sued a San Mateo building owner for $20 million after he was stuck in an elevator.

News link follows:

http://www.nbcbayarea.com/news/local-beat/Blame-the-Planes-Man-Claims-SFO-Caused-Divorce-70371557.html


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Gay Marriage Denied In Maine

rainbowThe special elections in Maine took a turn similar to California’s vote at the ballot box last November when the voters declined to approve of same sex marriage.  Maine would have been the first state to have same sex marriage approved at the ballot box.  Although five states which include Iowa, Massachusettes, Vermont, New Hampshire and Connecticut have legalized gay marriage, it has been the result of either court decisions or the legislature.  Gay marriage has failed to win the popular vote in any state to date. 

Story follows the link:

http://news.yahoo.com/s/ap/us_gay_marriage_maine

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