Short Term Marriage Law in California
State laws pertaining to divorce, spousal support, child support and other issues vary, so it's important that you search for specific laws of your state when seeking information. An attorney in the state is your best resource for information. Divorce is a trying time for a lot of people, so having somebody in their corner is almost always helpful as they work towards representing you in the case and ensuring that your rights are looked out for throughout the case. Going at it alone is a risky proposition, as the law can be complex and without the proper representation you could find yourself drawing the short straw in the divorce proceedings.
If the marriage is over 10 years, then spousal support may be at the discretion of the court and may be permanent in some cases, although this is typically something that the court will look to avoid. Generally, the idea is that spousal support will last for a reasonable time so that the supported spouse may gain the education and training to obtain employment so that he or she may begin to support themselves.
When the marriage is short in duration, less than 10 years, spousal support is generally awarded for half of the length of the marriage. If the marriage is eight years, alimony may be awarded for four years, for example.
In a short marriage in which one of the parties earns much more than the other, the assets may be divided in favor of the larger earner. In cases of a longer term marriage (10 years or more) the other spouse may be awarded a larger portion of the assets even if he or she was not the primary earner.
If the couple has been married for less than five years, a Summary Dissolution may be an option. This is a relatively easy divorce designed for those going through a short-term divorce. In addition to being married for fewer than five years, couples must also have no children together, little property, little debt and both must agree to the divorce and sign the divorce papers without contesting the terms, in essence an uncontested divorce.
This can be a good option for those who want to move on with their lives following a relatively short marriage in which little, if any, complications are present. Even in these cases, however, an experienced attorney is important to ensure that the process goes smoothly and to protect your rights.
If the marriage is over 10 years, then spousal support may be at the discretion of the court and may be permanent in some cases, although this is typically something that the court will look to avoid. Generally, the idea is that spousal support will last for a reasonable time so that the supported spouse may gain the education and training to obtain employment so that he or she may begin to support themselves.
When the marriage is short in duration, less than 10 years, spousal support is generally awarded for half of the length of the marriage. If the marriage is eight years, alimony may be awarded for four years, for example.
In a short marriage in which one of the parties earns much more than the other, the assets may be divided in favor of the larger earner. In cases of a longer term marriage (10 years or more) the other spouse may be awarded a larger portion of the assets even if he or she was not the primary earner.
If the couple has been married for less than five years, a Summary Dissolution may be an option. This is a relatively easy divorce designed for those going through a short-term divorce. In addition to being married for fewer than five years, couples must also have no children together, little property, little debt and both must agree to the divorce and sign the divorce papers without contesting the terms, in essence an uncontested divorce.
This can be a good option for those who want to move on with their lives following a relatively short marriage in which little, if any, complications are present. Even in these cases, however, an experienced attorney is important to ensure that the process goes smoothly and to protect your rights.
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