Separation or divorce is a very difficult decision that any couple takes. It is a highly sensitive matter for both spouses in a marriage. Once a couple decides to divorce in California, they usually expect to go through a lot of paperwork and court hearings. This is where the California divorce law 5-year rule makes this easy for couples.
It is one of the rules for filing divorce in California which does not include very complicated processes. Contact a good divorce lawyer in San Diego to know precisely about this divorce procedure.
What is the 5-year Rule for Divorce in California: Let’s Explore the Details
California has the “5-year rule” for divorce which is mainly used to determine if individuals can file for what is known as a summary dissolution. A summary dissolution is a quicker and easier way to end a marriage or registered domestic partnership. This rule affects a number of things in the divorce case including but not limited to property division, spousal support awards, and the restoration of any prior name which was changed by reason of the marriage/ partnership.
It is important that couples considering divorce in California understand this lawfully before proceeding with their plans. Get in touch with an experienced family lawyer in San Diego to understand everything about this divorce rule. Here's everything you need to know about the 5-year rule in California.
Criteria for Summary Dissolution
Duration of Marriage
Must be married at the time of filing and must be less than five years from marriage at the time of separation.
No Children
He or She has no biological child or adopted child before or during the marriage.
Limited Property and Debt
Limited separate property and debts of a partner, car loans are excluded from community property as long as it does not exceed $45000.
Agreement on Divorce Terms
Both parties have a written agreement dividing assets and debts and agree to forego spousal support.
Restoration of Original Name
Wives and husbands have the right to ask the court to revert to their prior names in the middle of the divorce process.
If the request is made after more than five years since the divorce judgment, there may be other formalities and papers to be produced.
Implications for Property Division and Spousal Support
Property Division
The duration of the marriage affects who gets what or who is responsible for which bill.
Spousal Support
Marriages that have been in existence for more than ten years are referred to as long-term,’ and this could result in longer or indefinite support.
Including relationships that are less than ten years, monetary maintenance is usually provided for up to half of the time of the marriage.
Benefits and Limitations
Benefits
Simplified Process
Straightforward and less time-consuming, especially when the marriage has not reached its five-year anniversary.
Cost-Effective
Lower legal fees and CMC with little involvement of the courts.
Limitations
Eligibility Restrictions
It is not very appropriate if the couple being served has children or if they own valuable assets.
Limited Spousal Support
This does include the need to relinquish payments for spousal support which may not be suitable for everyone.
Final Word
The 5-year rule in California makes it easier to get a divorce by summary dissolution and name restoration has to offer. For marriages less than five years old, this speeds things up along with emotional and financial stress reduction. Nonetheless, it has conditions and restrictions; therefore, everything should be understood before going further.
Mesnik Law Group offers top family lawyers who will guide you with this divorce type of divorce proceedings. Also, we provide child support attorney in San Diego.
Disclaimer- The information provided in this content is just for educational purposes and is written by a professional writer. Consult us to know more about what is the 5-year rule for divorce in California.
