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Bifurcated Trial in Divorce Cases
Disputed issues in divorce cases must be resolved either through trial or settlement. Ordinarily, a case that has not settled must be decided in a single trial of all issues. However, Rule 5.175 of the Rules of Court allows the court to bifurcate (or separate) one or more issues for a separate, bifurcated trial before the remaining issues in the case.
Marital Ownership of Business Goodwill
The Court of Appeal has held for the first time that a spouse’s professional “book of business” is a community asset subject to division in a divorce case. Marriage of Finby (Dec. 18, 2013) No. G046814. In Finby, the parties were married between 1995 and 2010. The wife was a financial advisor who had worked for UBS until 2009, when she was hired by Wells Fargo as a managing director of investments.
What Is the Date of Separation?
In Marriage of Davis, the Court affirmed the importance of the date of separation in divorce. Segregating finances signaled intent, not physical separation.
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