Articles Posted in Legal Separation

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San Francisco Divorce Attorney Discusses Different Visitation Schedules for Different Families

With all the discussion of Jon and Kate Gosselin’s separation and divorce, its property got a lot of people wondering, how on earth will they share those kids? From the news reports it appears the plan is for the parents to take turns in the house with the kids, which is an uncommon but not unheard of custody arrangement.

Many families with divorced, separated or never married parents have found a way to successfully share visitation time with the children. For some families, a traditional alternating weekend schedule works. Others include a weeknight or weekday visit, which sometimes is also an overnight. Still others try for an equal vistitation split of the children, alternating weeks – a schedule which works well when parents live nearby and can successfully co-parent the children. For younger children whose parents want an equal timeshare, a popular schedule is the 2-2-3. In that schedule, the parents each take two weekdays, and then alternate the weekends. So Mom may have Mondays and Tuesdays, Dad has Wednesdays and Thursdays, and then they alternate the weekends, so each parent has five consecutive days at a time.

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San Jose Divorce Attorney Discusses Date of Separation Issues

Kate Walsh, Star of Private Practice, Getting Divorced After Only 15 Months of Marriage – Dispute Arises Over Date of Separation

In December, Kate Walsh’s husband, Alex Young, filed for dissolution of marriage, citing irreconcilable differences. In her response, Ms. Walsh apparently disputes the date of separation. By 5 days.

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The Fourth District Court of Appeals in California says that the date when a couple becomes legally separated is based on when they privately decided to separate rather than the date they set for court purposes. This decision reverses an earlier decision by a San Diego Judge in Orange County Superior Court.

The case involves Maureen and Samuel Manfer. They were married in 1973 and then mutually decided shortly after their 31st wedding anniversary in 2004 that they were separating. Samuel moved out, but both of them decided to keep the news of their separation private until after the end of the year because they didn’t want to upset their children before the holidays. The couple did not have sex together or share their finances, but they attended social occasions and traveled together from time to time.

When Samuel filed for divorce in April 2005, he cited March 15, 2005 as their date of separation. Maureen disagreed, saying that their separation date was July 1, 2004. The date of separation was significant, seeing as Maureen had made more money than Samuel, so Samuel was entitled to half of her income during the time that they were together-whether this time was until July 2004 or March 2005.

California is a community property state. This means that unless a couple signed a premarital agreement before they were married, each spouse is entitled to half of the net value of all property acquired and income earned during the duration of their marriage.
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