Legal Opinion

In Re Marriage of Peters

California Court of Appeal

Decided February 27, 1997No. C022085PublishedCited by 14 opinions

1Opinion of the Court

Opinion

DAVIS, J.

In this bifurcated marital dissolution proceeding, Joy M. Peters (Joy) 2 appeals from the judgment establishing the date of separation (Fam. Code, § 771 [undesignated section references will be to this code]) from Eric W. Peters (Eric). In the published part of the opinion we conclude the determination of a date of separation is proven by a preponderance of evidence rather than by clear and convincing evidence. In the nonpublished part of the opinion we find there is substantial evidence to support the trial court’s selection of a separation date. We will summarize the…

2Cases cited17 opinions

  1. Addington v. TexasSupreme Court of the United States · 1979
  2. Woodby v. Immigration & Naturalization ServiceSupreme Court of the United States · 1966
  3. Hale v. MorganCalifornia Supreme Court · 1978
  4. Chaunt v. United StatesSupreme Court of the United States · 1960
  5. Department of Social Services v. Ronald P.California Supreme Court · 1981

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3Cited by14 opinions

  1. Baxter Healthcare Corp. v. DentonCalifornia Court of Appeal · 2004
  2. Stubblefield Construction Co. v. Superior CourtCalifornia Court of Appeal · 2000
  3. Ettefagh v. EttefaghCalifornia Court of Appeal · 2007
  4. Norviel v. NorvielCalifornia Court of Appeal · 2002
  5. Manfer v. ManferCalifornia Court of Appeal · 2006

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