It’s a sad fact many estranged California couples live with each other for years. Their marriages are shot but they stay together, emotionally separated and loveless, in order to keep a roof over their heads or raise their children.
For many years, the family courts were sympathetic to that reality. They agreed that the couple could legally separate but remain under the same roof.
Last year, in In re Marriage of Davis, 2015 DJDAR 8320, the California Supreme Court turned that on its ear and created problems for many families when it ruled that, no matter when a marriage actually ended in the couple’s eyes, until one party physically moved out there was no legal separation.