Legal Question in Family Law in California

I live in california and my wife and i have decided to divorce. She says she doesnt want any alimony and we worked out all the assests so its pretty much all uncontested. The one question i have is if i file even now before the actual 10 yr point will it still not matter. I was told the file date isnt the point they go by because you are still legally married in california 6 months after you file. I just want to protect myself just in case. Can you answer my question and let me know if it is true. Thank You


Asked on 9/24/09, 1:27 pm

1 Answer from Attorneys

Six months is the minimum amount of time after filing before you can get a final judgment of dissolution of marriage. I'm not sure why you are concerned about the ten-year anniversary, but many things that have to do with the timing and durration of the marriage are not determined by the date of divorce, or even filing, but go back to the date of separation without intent to continue or resume the marital relationship.

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Answered on 9/25/09, 2:51 am


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