Legal Question in Family Law in California

My Husband and I have been married for 9 years and 4 months. We have been a couple for 16 years total. During this time I have assisted him in raising his now 19-year-old son and 25-year-old son. I spent one year, of the entire 16, living apart from my husband while I attended college. We are now divorcing.

Question: Is it possible for me to have the judge recognize more than the actual time we have been married?

Question: If yes, how do I achieve this recognition? What forms must I complete and provide the court?

PS I have yet to select an attorney.


Asked on 12/31/11, 2:30 pm

3 Answers from Attorneys
Arlene Kock Law Offices of Arlene D. Kock APLC

Spousal support is based on the length of the marriage absent a stipulation by the parties to the contrary. There may be some separate and community property tracing complexities that should be examined by a skilled family law attorney.

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Answered on 12/31/11, 2:35 pm
Anthony Roach Law Office of Anthony A. Roach

For purposes of determining community property, community property is anything that is acquired by the parties from the date of marriage to the date of separation. It is not clear why you want an earlier date, but I assumed that is what you were seeking. The law will not look any earlier than the date of marriage, although you may have been dating, in a relationship, or even cohabiting well before the marriage.

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Answered on 1/01/12, 9:49 pm


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