California Divorce Does Living Together Prior To Marriage Count
Today we’re trying something different. We’re recording both a podcast and a video at the same time.
So you may be listening to this on iTunes or Stitcher Radio of you may be watching this on YouTube or one of the other various video channels.
In today’s episode, what we’re talking about is an article I recently read, this was at the United Kingdom actually.
And what they were talking about as pertains to divorce is that the courts are looking at overhauling the law and in essence trying to give more rights to couples living together but not married.
Because they are finding that people are in long term relationships yet not getting married. And then when they have a split that there’s no benefits to the parties that are splitting as you would in a regular marriage.
Now the issue that comes up is, if you’re not married, let’s say this was something that happened in California.
If you go a through divorce in California, and you are in a short term marriage it’s going to affect how spousal support, if it’s going to be given or provided.
The length of marriage is one of the determining factors on how much and how long you’ll get spousal support.
I’m going to tell you a story. I’ve had clients come in and in one particular case they’ve been living together for 17 years total.
Living together for 17 years but were only married for three. And the question was, well, how long is the marriage considered to be? Because we were together a total of 17 years but are only married for three.
And the issue with that is that they don’t look at the time together while you were not married. It’s only going to be counted for the time you were married.
So for three years and because this particular spouse wanted spousal support, it’s only going to be based on three years as opposed to 17 years which is obviously a huge difference.
Now in the United Kingdom, where this article is based out of, it brings up that point. And it is basically saying “Is it even worth getting married, if they’re going to have the same benefits being unmarried as you do married?”
And I think that brings up an interesting, somewhat ethical viewpoint that would — I’m sure people would have different opinions on depending on who you talked to.
But in California, it does bring up some interesting points. Because if you are unmarried and you have children, one of the issues is going to be with the children and the paternity determination in California.
If you are married then it is the courts figure obviously if you’re the mom there’s going to be where your children, no issue there.
And if the father is married, it is agreed upon that is your child, if you’re married. That’s just how the law works.
If you’re not married that’s not the case. And you have to do what’s called a parentage. And so there are going to be some issues with the children if you’re unmarried.
And if this some similar law came in to effect in United States or California, for instance, it could post some issues with the children. So I thought this was an interesting topic I wanted to bring up. And we’re going to be bringing up more issues that we’re seeing.
And trends and things regarding divorce, not just in California, but across United States and things like out of the country that we’re seeing different things.
I’m just wondering what people see, what people think rather about this particular issue of it, if it’s something you think of good or bad.
And I’ll tell you what. Being involved in divorce on a daily basis with folks here in California, I can tell you that we’re starting to see a lot of short term marriages being ended.
And I think it’s just a change in the culture or this particular the generation younger generations growing up where we’re starting to see, well, they simply it doesn’t have the same effect marriage is now the same effect as dead, for instance, with my parents or with me where that is that true bond.
And you’re going to try and stick it out and find it out. We’re seeing a lot of short term marriages with younger generations.
One year, two years or three years and so on and they’re getting a divorce. It seems like it’s more like trading in a car.
If it didn’t work out at least it’s over, we’ll try to get a new one. It’s an interesting mind set where people kind of are in that younger generation are simply throwing in the towel.
Just because things aren’t working out and for whatever reasons whatever mindset is in this generation, it seems that they have an easier time deciding on getting divorce than trying to work it out and keep their marriage going.