Although a legal separation and divorce have many things in common there are some advantages to separating rather than a divorcing. However, to establish cruelty as the result of communication of a sexually transmitted disease, the diseased spouse must have known of the condition and the other spouse must have not known about it. Current law regarding date of separation is found in Family Code 771: “The earnings and accumulations of a spouse…while living separate and apart from the other spouse, are the separate property of the spouse.” Beginning January 1, 2017, a new law – Family Code 70 will come into effect (falls under the “definitions” section of the Family Code (which, by the way, is a really fun read – I encourage all family law litigants to familiarize themselves with the Family Code).

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