When Does A Marriage End In California?

In California, married couples have to wait a minimum of six-months after filing a divorce

, for the parties to have a legally recognized divorce. This date is usually calculated from the date that the spouse or partner who started the divorce had the other spouse or partner served with the petition for divorce and the court summons OR when the other spouse or partner responded to the petition.

It is important to note that six-months is the minimum time frame required to end a divorce, but it can take much longer if the parties have a contested divorce and cannot agree on important factors such as property division, child custody, child support and/or spousal support.

In the interim however, while the divorce is pending, parties can get temporary custody and support orders from the court until the issues are resolved permanently.

Additional Considerations for a divorce:

History of Domestic Violence: If the marriage had any incidents of domestic violence, this an affect the party responsible for the violence. For example, it could lead to higher support paid to the other spouse and/or less custody. In addition, there might be restraining orders in place that prevent the abuser spouse from contacting and approaching the other spouse.

Extra-marital affairs: A common question we get are from clients who have been a part of an extra-marital affair. Usually the spouse that was cheated on cannot understand why he or she has to pay the other spouse support when there was infidelity in the marriage. California is a no-fault divorce state; meaning that the courts for the most part do not care what the reason for the divorce is. The goal of the court is to allow for the parties to divide assets and determine support and custody matters and figure out if either party needs protection from abuse or domestic violence. The legal system is not a system that parties can use to retaliate against the spouse.

Lawyers and the courts recognize that divorce is a traumatic process nevertheless and usually recommend therapy and counseling to couples as a means to begin the healing.

Gifts & Inheritances during marriage: If a spouse receives a gift or inheritance during marriage, this is considered separate property and may not be up for grabs as part of community property.

Delinquent Child Support Payments: If a party to a divorce is ordered to pay child support and misses payments, they cannot file a bankruptcy on the past due amounts. They must continue to pay it when they regain employment. It is therefore advisable that whenever income changes, the party needs to file a Request for Orders with the court to adjust child support payments. Unless the party does so, child support will remain the same and will continue to accrue.

Duration of Spousal Support: Spousal support need not be paid indefinitely when the marriage is under ten-years, generally speaking. When a marriage is under ten years, spousal support can be expected to be paid for half the duration of the marriage.

by: James Brown

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