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

Summary

Justice Liu's concurrence agrees that “living separate and apart” generally requires separate residences, subjective intent to end the marriage, and objective evidence of a complete and final marital break. She explains, however, that the modern statute's purpose differs from the original 1870 law and therefore does not necessarily require separate addresses when spouses share a home. A same-roof arrangement may qualify if objectively and unambiguously demonstrates a physical separation and complete termination of the marital relationship.