Marriages of long duration in California

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Marriages of long duration in California

Postby mexico123 » Tue Jul 24, 2012 7:44 pm

Planning to file divorce by the end of 2014 - planning it out. Most likely will need to file in California. If approaching a 10-year anniversary, are there any guidelines as to how close to the ten year mark I can come, without passing it or passing too close to it?


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"California law (Family Code Section 4336(a)) says that where a marriage is "of long duration," the court "retains jurisdiction" indefinitely after the divorce is completed, unless the spouses agree otherwise. Retaining jurisdiction means that the court has the ability to continue making decisions about matters between the spouses, and can reevaluate its original orders and modify them if the facts justify a change. Any marriage that is longer than ten years is automatically considered to be "of long duration," and sometimes, shorter marriages can be considered lengthy as well. "
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Re: Marriages of long duration in California

Postby CCR » Tue Jul 24, 2012 7:50 pm

CA is one of the more alimony friendly states. I'd push your plan to the end of 2013 to make ti 100% clear it's before the 10 year mark.
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Re: Marriages of long duration in California

Postby proud_dad » Tue Jul 24, 2012 8:35 pm

I'm in CA. I think you need to file and have the date of separation in the filing before 10 years is past. I'd check with a local attorney to be on the safe side. There could be a BIG difference between less than 10 years, and 10 years when it comes to alimony.
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Re: Marriages of long duration in California

Postby Tom Kirkpatrick » Tue Jul 24, 2012 10:34 pm

The judge is gonna see right thru your strategy, Bro. He'll never go for it. He's gonna allow every continuance the other side asks for. As a result, your 10th anniversary will come & go B-4 divorce is final.

Your best bet is to buy her out. It may be a lot up front. But at least you can start fresh with a clean slate.

Tom
"When you stay ready, you won’t hafta get ready." Russell Wilson, Seahawks QB

"I'm a great housekeeper. When I get divorced, I always keep the house." Zsa Zsa Gabor
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Re: Marriages of long duration in California

Postby mexico123 » Thu Jul 26, 2012 4:23 pm

Thanks for the responses. I have read the code, and so understand the measurement points of the 10 year period are the date of marriage and the date of separation.

(b) For the purpose of retaining jurisdiction, there is a
presumption affecting the burden of producing evidence that a
marriage of 10 years or more, from the date of marriage to the date
of separation, is a marriage of long duration. However, the court may
consider periods of separation during the marriage in determining
whether the marriage is in fact of long duration. Nothing in this
subdivision precludes a court from determining that a marriage of
less than 10 years is a marriage of long duration.


Will research cases on the last sentence (it what cases does a court determine that a marriage of less than 10 years is a marriage of long duration):

...Nothing in this subdivision precludes a court from determining that a marriage of
less than 10 years is a marriage of long duration.
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