In Re the Marriage of Sheryl Jones Davis and Keith Xavier Davis. Sheryl Jones Davis, Respondent v. Keith Xavier…

Summary

The court held that spouses are not “living separate and apart” under Family Code section 771(a) while residing in the same home, even if they maintain largely separate lives and intend to end the marriage. The statute requires separate residences plus objectively evidenced intent to make a complete and final break in the marital relationship, so the Court of Appeal erred by affirming a separation date reached without that threshold requirement. Justice Liu, concurring, agreed with the result but would interpret the modern statute in light of changed legal and social conditions and would leave open whether an objectively complete physical separation could occur under one roof.