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relation to that date, the evidence suggests the following.
First, the record indicates that the Ishizakis’ divorce
settlement was not final even as of the time of trial in March of
2001. Mrs. Ishizaki testified “we not finalize our divorce
situation yet, such as asset and debts, we haven’t finalized”,
and she cited an upcoming May court appearance. The record also
contains a schedule of assets and debts filed as part of the
divorce proceedings which is dated March 15, 1999, further
showing that formalities were in fact ongoing at least several
months into the 1999 year.
Second, there is a complete absence of any documentary
evidence or testimony that would raise the inference of a legal
separation, much less the date thereof.
Third, the record likewise fails to establish with any
degree of certainty that petitioner and Mrs. Ishizaki were not
members of the same household at any time throughout the 1-year
period preceding June 22, 1999. Mrs. Ishizaki mentioned that she
had moved frequently during the pending divorce, but offered no
timeframes or dates. Petitioner stated that separation was filed
for on February 14, 1997, and alluded to a temporary apartment in
late 1996, but he, too, was silent with respect to the critical
time period. We therefore simply are not in a position to guess
whether petitioner and Mrs. Ishizaki might have
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