Divorcing After a Short Marriage in California
When it comes to divorce in California, the length of the marriage matters. A short divorce may be handled very differently compared to a divorce that has lasted several decades. This may be due to the age of the spouses, the legal factors involved, and the unique emotional issues. How exactly is a short marriage different from a long marriage when it comes to divorce in California?
Alimony After a Short Marriage
Generally speaking, alimony decreases for shorter marriages. For a marriage that has lasted only two or three years, spousal support may be minimal or even non-existent. However, California does not specifically state that a certain number of years must pass in a marriage before alimony becomes a factor. Even if your marriage lasted just a single year, you may still have to pay alimony. The general rule of thumb is that if your marriage lasted for less than a decade in California, courts award alimony for half the duration of the marriage. For example, a marriage that lasts four years may result in two years of alimony payments.
Separate Assets and Short Marriages
California’s community property system may also be affected by the length of the marriage. This is because if the marriage lasts a short duration, spouses have less time to acquire property during the marriage. They are, therefore, more likely to exit the marriage with the same assets they owned prior to the marriage. These assets are considered separate, and they are not eligible for division under the community property system.
Furthermore, the property that spouses owned prior to the marriage has less time to increase in value during the marriage. For example, a spouse might own Apple stocks prior to the marriage. During a one-year marriage, these assets might increase in value slightly – but much less than in a ten-year marriage. This is important to note, because any increase in the value of the separate property may be considered community property.
Short-Term Marriages May Be Easier to Dissolve
Finally, spouses who meet certain requirements may have the opportunity to pursue an easier form of divorce in California called a “summary dissolution.” One of these requirements is that the marriage must have lasted for less than five years. Other requirements include:
- There must be no children in the marriage
- There must be few properties or liabilities to divide
- Neither spouse may pursue spousal support
- Both spouses must agree on how to approach property division
Summary dissolutions are faster to obtain, cheaper, and involve less paperwork.
Where Can I Find an Experienced Divorce Lawyer in California?
If you have been searching for a qualified divorce attorney in California, look no further than the RM Law Group. With our assistance, you can approach a divorce with a degree of confidence and efficiency, whether your divorce lasted for years or decades. To discuss the specific circumstances involved with a divorce after a short marriage, book your consultation today.
Jason Martinez is a co-founding partner of RM Law Group, LLP. His practice focuses exclusively on California Family Law and community property division, including litigation and settlement of complex and high-conflict divorce and child custody proceedings. Jason understands that divorce and family law issues have long-term effects on all family members, especially the children.
