Legal Question in Family Law in California

Another question regarding divorce: I recently read that if a marriage is less than 10 years, the time that spousal support needs to be paid is generally for half of the marriage. I've been married for 9 years, 3 months. Do I need to actually complete the divorce before year 10 gets here? I have noticed on the legal forms for divorce and separation, that it asks for a date the marriage was basically over (even though no legal judgement has obviously been made when the forms are being filled out). Does that magic 10 year mark mean the date we choose to put on the divorce forms for the court, when the judge says we're divorced, or when I actually start my case and file for divorce? Thanks so much!!!


Asked on 10/12/09, 6:44 pm

1 Answer from Attorneys

Erin Levine Levine Law Group, LLP

While you have done some excellent research, the law is not quite as simple as the "magic 10 year mark". However, ten years does make a "long term marriage" for purposes of a Divorce and carries with it significant implications. The date of separation (provided there was no reconciliation after you filed for divorce) usually marks the "end" of your marriage.

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Answered on 10/12/09, 10:14 pm


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