How Might The Length of My Marriage Affect My Divorce: Protect Your Future With Legal Representation
A lengthy marriage can greatly influence the outcome of your divorce. From property accumulated throughout the marriage to possible spousal support, the outcome impacts your financial future.
Whether your divorce is amicable or contested, the process remains emotional and often difficult. A highly-skilled family law attorney can review your assets, learn more about your marriage, and decide upon the best course of action for you.
Take the first step toward protecting your interests by contacting a California family law attorney today. Gather as much information as possible, including proof of the years spent married and the date of your separation. This type of information provides a strong foundation for a family law attorney to build your case for a fair settlement.
Division of Property
The accumulation of property throughout a few years or many years of marriage is somewhat expected. When it comes to the division of property in a divorce, the length of your marriage can impact your financial future.
California family courts deem property obtained during the courage of marriage as community property. Community property is anything that one can buy or sell, such as:
It includes such financial items as pension plans, bank accounts, and investments. What is generally not included in community property are assets obtained before the marriage.
Many divorces typically result in a 50/50 division of community property. The length of your marriage may result in a higher percentage of property for one spouse — if the court decides it is necessary for making the standards of living comparable.
Other considerations when it comes to the property include:
Quasi-property: Property or income acquired in another state during the marriage. If the property relocated to California with the marriage, it is now deemed community property by the family law court.
Commingling: This is where the division of property can become confusing and challenging. The commingling of property refers to property at question is both community and separate property.
The longer a marriage, the more assets are generally involved in a divorce. The assets often hold value, both financial and emotional. Retirement plans involve considerable investments over time, and the family home may hold special memories.
Your spouse may express resentment concerning the fact that you may receive half of their retirement investment. To prevent this from happening, they may attempt to hide account information or fail to disclose all financial information fully.
The how and who of property division during a divorce are generally decided by a court. While lawyers representing both spouses may attempt to settle the issue via negotiation, the ultimate decision or approval is court-mandated.
The complexity of property division is why seeking the right legal representation is important. A lawyer from the Pedrick Law Group, APC, can provide you with the legal representation you need during this time. The emotional stress of a divorce can take a toll on your health, career, and more. Get the assistance you need to close this chapter of your life by contacting us for a free case evaluation today.
California family law generally views a marriage of “long duration” if the union lasted ten or more years. Proving the marriage was, in fact, of a long duration is important for how the court proceeds with divorces involving issues involving spousal support —also known as alimony.
Significant periods of separation during the ten-year period can also play a role in whether your marriage was of long duration. A marriage of fewer than ten years can also impact payment of spousal support.
The California courts hold jurisdiction over decisions regarding such support. This includes factors like changed circumstances that may result in the termination of spousal support.
A decision to award spousal support typically involves court consideration of the following factors:
- The skills of the supported party and the job market for such skills
- The extent the supported party contributed toward the education or advancement of the supporting party
- The supporting party’s income and ability to pay spousal support
- The age and health of both parties
- Marital assets
- History of violence or emotional distress by either party against the other
These are just a few examples of the factors that can influence what —if any — spousal support you may receive. The court may include other factors specific to your divorce that they deem just and equitable.
The court’s jurisdiction regarding spousal support provides both parties with a source for amending or enforcing the court order. If you have questions regarding the duration of your marriage and how it applies to spousal support, a California family lawyer can help you.
Get Help From The Pedrick Law Group, APC, Today
Divorce is difficult no matter how many years of marriage. The duration of your union may impact certain aspects of your divorce, including two of perhaps most important: division of property and spousal support.
At The Pedrick Law Group, APC, we understand the emotions often involved in a divorce. We also work hard to protect the best interests of our clients. When you hire us to represent you, we stand by your side throughout the legal process.
We are kind and caring with our clients, yet we aggressively fight for them during divorce proceedings. The Pedrick Law Group, APC, strives to provide quality customer service and strong legal representation for those we represent.
Legal Representation For Your California Divorce
Our team is caring and professional, and most importantly — ready to fight for what you deserve. While we cannot predict the outcome of your divorce, we will keep you informed of the latest developments.
Exploring all available legal options for protecting your best interests and for also safeguarding your future is crucial. A lawyer from our team can assist you by implementing their knowledge of California law and how it applies to your divorce.
The Pedrick Law Group, APC, proudly serves Encino, Orange County, and the surrounding region. Let us help you through this chapter of your life. If you face a divorce, call us at 949-388-8682 or contact us online for a free case evaluation without delay.