Kristi Ngo, Immigration Section Chair: One of top five rising stars in the international EB-5 industry
“EB5 Investors Magazine is pleased to announce the Top 5 Rising Stars in
the EB-5 industry. To be eligible, distinguished attorneys are increasing
their footprint in the EB-5 industry.”
In a federal criminal investigation, the United States Attorney’s Office refers to someone coming in to talk under a form of immunity as being, colloquially, a “Queen for a Day.”Read More
Author: Andrew Klausner, CFLS
You are looking at the Petition for Dissolution (or you are reading the Petition you just received from your spouse) and you see the paragraph asking for your “Date of Separation.”
“Date of Separation” is a legal term of art under California law, and over the past few years, there have been some attempts by the Courts and the legislature to address this incredibly important issue. Regardless of what you may have heard about “living under the same roof” or “that Marriage of Davis case,” the current state of the law is defined by California Family Code Section 70.
Family Code Section 70(a) defines “date of separation” as:
… The date that a complete and final break in the marital relationship has occurred, as evidenced by both of the following:
(1) The spouse has expressed to the other spouse his or her intent to end the marriage;
(2) The conduct of the spouse is consistent with his or her intent to end the marriage.
Family Code Section 70(b) provides that “In determining the date of separation, the court shall take into consideration all relevant evidence.”
So, that is what the “Date of Separation” is, but what does that mean, and why does it matter?
The Date of Separation, once determined by agreement or Court Order, is the end date of the marital community. For example, any earnings or accumulations of a spouse after the date of separation of the spouses is the separate property of that spouse. The length of the marriage, when calculating whether, and for what amount of time spousal support (alimony) is to be paid is determined by the length of time from the date of the marriage to the date of separation. The responsibility for bills and expenses, the right to reimbursement from the other spouse for payments against those bills and expenses, and determining what portion of each spouse’s pension or retirement is directly affected by the date of separation.
In short, determining your date of separation is crucial.
If you are interested in a consultation with one of our attorneys, please contact SKT Law directly.
Out of the 33 people having been charged in the “Fat Leonard” scandal, an SKT client received by far the lowest term of any defendant thus far sentenced.
Originally facing up to 20 years behind bars and a $250,000 fine, Retired U.S. Navy Master Chief was sentenced to a 17-month term and a $30,000 restitution payment. Instrumental in the reduction of our client’s sentencing was Eliot Krieger’s experience in dealing with U.S. Attorneys Office, Judges and the Probation Office coupled with the painstaking efforts he took along each step of the way. SKT is ecstatic to report that during the hearing Mr. Krieger was successful in further reducing the sentence that was recommended to the Court by both the United States Attorney’s Office and the United States Probation Officer.
As reported in the New York Times, Eliot Krieger, commented that the sentence was fair:
“I think the court understood that he took responsibility for his action and understood the seriousness of what he did,” he said, adding that otherwise, his client “has led an exemplary life.”
To explore news articles written about the Fat Leonard Scandal & sentencing, click the links below:Read More
A private nursing school in Costa Mesa that was fighting back against a federal investigation based on allegations of financial-aid fraud, prevailed when the United States Attorney’s Office declined to prosecute Pacific College, its owners or employees.
After a complete and comprehensive investigation that stretched for an entire year, Pacific College has been exonerated. The allegations were always completely unfounded as there was never any wrong-doing, and the College is gratified that the federal government now understands that.
Published articles regarding this matter can be viewed by clicking the links above.