(via San Francisco Chronicle)

Professor Rick Banks discusses the “bright-line” rule and how it helps bring clarity to divorce proceedings in this San Francisco Chronicle article. 

Married couples going through a divorce are not considered legally separated until one moves out of the house, the California Supreme Court ruled Monday, rejecting arguments that other factors should play a role in dividing property and income in divorce proceedings.

The unanimous ruling reinforces a “bright-line rule,” which effectively makes the establishment of individual residences when a marriage breaks up the minimum requirement for the legal definition of when a couple is separated and income and property are no longer shared.

…

Rick Banks, a family and constitutional law professor at Stanford, said it seemed the justices were looking to provide some clarity to divorce proceedings, which can often become contentious ordeals.

“One of the problems with family law is that it can turn into a lot of ‘he said, she said,’” Banks said. “It sounds like the court decided that the benefits of the bright-line rule ultimately outweighed the hardships in most cases, and that seems like a reasonable decision.”