California Court of Appeal

Interlocutory order establishing the date of separation under Family Code section 771 is reversed as, although the court correctly found that the parties' private conduct demonstrated a complete and final break in their marital relationship in June 2004, it erroneously applied an "outsider's viewpoint" standard to defer the date of separation to March 2005, after the parties had revealed to the world their secret that the marriage was over.

Appellate Information

• Decided 11/09/2006
• Published 11/09/2006

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Phillips, Whisnant, Gazin & Gorczyca, Gary S. Gorczyca, Jordan B. Nefulda, and J. Benedict Phillips, for Appellant.


• For Appellees:
  
• Angelo & White, Joseph Angelo, Nicole R. Combs, and Davil R. Vasquez, for Respondent.