What Can I Expect When Divorcing After a Short Marriage in California?
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At the Law Office of Joyce Holcomb, our divorce attorney in San Bernardino knows that it is difficult to know what to expect from a legal standpoint when you are ending your marriage.
When California residents decide to end their marriages within the first year or so after saying “I do,” their divorce proceedings may look a little different than those that transpire after decades of marriage.
Here is why the length of your marriage matters during a divorce.
The Length of a Marriage Plays a Significant Role in Spousal Support Decisions
One factor that is impacted by a brief marriage’s divorce is spousal support, also called alimony. That is because the length of the relationship plays a significant role in the financial support being awarded to one spouse.
Spousal support is awarded to a spouse to help transition from the joint income they shared during the marriage to a single income — or possibly no income.
The family courts assume that longer marriages mean couples are more financially intertwined. Maybe one spouse took time away from work to raise their family while the other worked full time. Maybe one spouse worked two jobs while the other completed their education.
When a marriage is short, there may not be sufficient evidence of financial dependency to award one or the other spousal support.
The exception to this general approach is when the spouses signed a prenuptial agreement that outlined how much spousal support would be awarded upon their divorce.
How a Short Marriage Affects Property Division During a California Divorce
In California, marital property is any property that was obtained during the duration of the marriage.
During short marriages, there is much less time to accumulate shared assets that must be divided equitably upon divorce.
Having a short marriage will typically mean that both spouses will exit the marriage with the assets they brought in, known as separate assets, as they are less likely to be considered legally commingled because of the short time the couple was legally married.
Will a Short Marriage Affect the Amount of Child Support I Can Pursue After a California Divorce?
Child support is not based on the length of the marriage. It is based on the needs and best interests of the child(ren). This is true for parents who share children and have never been married, as well.
Do I Need a Divorce Lawyer If I Was Only Married for a Short Time?
No matter how long you have been married, getting a divorce can be emotionally exhausting.
Sometimes, even more so. The stigma that comes with a divorce after a short marriage can take a toll on both spouses, which can interfere with their abilities to make informed decisions about the legal aspects of their dissolution.
Partnering with a San Bernardino divorce attorney can help you navigate the legal requirements and ensure your rights are protected throughout the legal process, so you can move forward with confidence.
Contact Our Skilled San Bernardino Divorce Attorney Today for a Free Consultation
No matter how long you have been married, if you would like to discuss how getting a divorce may affect your life going forward, contact our San Bernardino County Certified Family Law Specialist at the Law Office of Joyce Holcomb by calling 909-889-7111 today to discuss your concerns, so we can create a customized legal approach for your unique needs.