SIMPLE DIVORCE? Short Term MARRIAGE? STOP doing THIS | Santa Clarita Divorce

Posted by Gail Brion on

SIMPLE DIVORCE? Short Term MARRIAGE? STOP doing THIS : Santa Clarita Divorce

I’m Tim Blankenship of Divorce661. If you and your spouse have been married a short time, have no kids from the marriage, and have little or no assets or debts, you may be using the wrong process. I keep getting clients who start a regular divorce when there’s a far simpler option available: summary dissolution. Look into summary dissolution — it’s much easier.

Why summary dissolution matters

Most people automatically file a regular divorce because it’s what they’ve heard of. That process can be unnecessarily long, expensive, and paperwork-heavy for couples with straightforward situations. Summary dissolution is a streamlined procedure designed for uncomplicated separations. If you qualify, you can wrap things up faster and with less stress.

Who typically qualifies for summary dissolution?

Eligibility rules vary by state, but summary dissolution is generally intended for truly simple cases. Typical requirements include:

  • Short-term marriage (often limited to marriages of a few years or less)
  • No children together and no one is pregnant
  • No real property (house or land) to divide
  • Only small or no separate or community assets and debts
  • Both parties agree to the terms and are willing to sign the necessary paperwork

If your situation includes significant assets, property, disputed debts, custody issues, or one spouse does not agree, summary dissolution may not be appropriate.

Benefits of choosing summary dissolution

  • Faster resolution — fewer forms and steps than a full divorce
  • Lower cost — typically less filing fees, less attorney time
  • Simpler paperwork — the process is designed for straightforward agreements
  • Less court involvement — many cases finalize without contested hearings

Common mistakes people make

Here are two frequent errors I see:

  • Filing a regular dissolution when they qualify for summary dissolution — this wastes time and money.
  • Assuming summary dissolution applies when there are hidden issues — unpaid debts, tax liabilities, retirement accounts, or property in either spouse’s name can disqualify you or cause problems later.

How to proceed — practical steps

  1. Confirm eligibility: Check your state’s requirements or ask the court self-help center. If you’re in Santa Clarita (Los Angeles County), start with local family court resources.
  2. Gather documents: Income statements, bank records, debt information, and any ownership records for property or vehicles.
  3. Fill out the correct forms: Summary dissolution usually has its own packet. You’ll need the petition and an agreement outlining division of assets and debts.
  4. File jointly if required: Many summary procedures require both spouses to sign off and file together.
  5. Finalize: Follow the court’s instructions to finalize the dissolution. If all is in order, it will typically be far quicker than a standard divorce.

When not to use summary dissolution

Don’t use summary dissolution if you have:

  • Children from the marriage or custody/support issues
  • Real property (a house or land) to divide
  • Significant assets, retirement accounts, or complex financial situations
  • Contested issues where one spouse disagrees

Choosing the wrong process can leave important issues unresolved — and that can come back to bite you later.

Tips for Santa Clarita / California residents

If you live in Santa Clarita or elsewhere in California, use your county court’s family law self-help resources to confirm whether summary dissolution applies to you. If anything is unclear — financial questions, tax consequences, or whether an asset counts — get advice from a family law attorney or a qualified legal aid service.

Final thoughts

Summary dissolution exists for a reason: to make clean, simple separations easier. If you’ve been married a short time, have no children from the marriage, and have little or no assets or debts, don’t automatically file a regular divorce. Look into summary dissolution — it’s often faster, cheaper, and far simpler.

If you’re unsure whether you qualify, get guidance. A quick check now can save you time, money, and headaches down the road.

Spousal Support: How Long Will You Pay If Married Less Than 10 Years? | Los Angeles Divorce

Posted by Gail Brion on

 

Spousal Support: How Long Will You Pay If Married Less Than 10 Years?

Understanding the duration of spousal support payments can be a complex and often emotional topic during divorce proceedings. If your marriage lasted less than 10 years, you might wonder how long you could be obligated to provide financial support. In this article, we break down the general guidelines regarding spousal support duration, based on insights from Tim Blankenship of Divorce661.

What Determines the Length of Spousal Support?

Spousal support, sometimes called alimony, is designed to help the lower-earning spouse maintain a reasonable standard of living after divorce. The duration of these payments often depends on the length of the marriage as well as other factors like income disparity, age, and the recipient’s ability to become self-supporting.

Key Rule for Marriages Under 10 Years

For marriages that lasted less than 10 years, a common guideline is that spousal support will typically last for about half the length of the marriage. This means if you were married for 8 years, the support might continue for approximately 4 years following the divorce.

“For marriage less than 10 years, support will last half the length of the marriage.”

This rule reflects the idea that shorter marriages usually involve less financial entanglement and dependency, so support obligations are correspondingly shorter. However, keep in mind this is a general guideline and courts can adjust the duration based on specific circumstances.

Why Does Duration Matter?

Knowing how long spousal support may last helps both parties plan for the future. It provides a framework for budgeting and financial independence. For the paying spouse, it sets expectations on how long the financial commitment will continue. For the receiving spouse, it offers a timeline to work toward self-sufficiency.

Factors That Influence Spousal Support Duration

  • Length of Marriage: As mentioned, shorter marriages typically result in shorter support duration.
  • Financial Need and Ability to Pay: Courts assess the paying spouse’s ability and the recipient’s financial needs.
  • Recipient’s Employment Potential: If the recipient can quickly re-enter the workforce or improve earning capacity, support duration might be shorter.
  • Age and Health: Older or disabled spouses may receive longer support.
  • Contributions During Marriage: Non-financial contributions, such as homemaking or child-rearing, are also considered.

Conclusion

If you were married for less than 10 years, expect that spousal support will generally last about half the length of your marriage. This guideline provides a balanced approach, recognizing the financial interdependence developed during the marriage while encouraging eventual financial independence for both parties.

Understanding these basics is crucial when navigating divorce and spousal support issues. For personalized advice, consulting with a family law professional is always recommended.

Special thanks to Tim Blankenship of Divorce661 for sharing this clear and concise rule of thumb on spousal support duration.

 

Spousal Support: How Long Will You Pay If Married Less Than 10 Years? | Los Angeles Divorce

Posted by Gail Brion on

 

Spousal Support: How Long Will You Pay If Married Less Than 10 Years?

Understanding the duration of spousal support payments can be a complex and often emotional topic during divorce proceedings. If your marriage lasted less than 10 years, you might wonder how long you could be obligated to provide financial support. In this article, we break down the general guidelines regarding spousal support duration, based on insights from Tim Blankenship of Divorce661.

What Determines the Length of Spousal Support?

Spousal support, sometimes called alimony, is designed to help the lower-earning spouse maintain a reasonable standard of living after divorce. The duration of these payments often depends on the length of the marriage as well as other factors like income disparity, age, and the recipient’s ability to become self-supporting.

Key Rule for Marriages Under 10 Years

For marriages that lasted less than 10 years, a common guideline is that spousal support will typically last for about half the length of the marriage. This means if you were married for 8 years, the support might continue for approximately 4 years following the divorce.

“For marriage less than 10 years, support will last half the length of the marriage.”

This rule reflects the idea that shorter marriages usually involve less financial entanglement and dependency, so support obligations are correspondingly shorter. However, keep in mind this is a general guideline and courts can adjust the duration based on specific circumstances.

Why Does Duration Matter?

Knowing how long spousal support may last helps both parties plan for the future. It provides a framework for budgeting and financial independence. For the paying spouse, it sets expectations on how long the financial commitment will continue. For the receiving spouse, it offers a timeline to work toward self-sufficiency.

Factors That Influence Spousal Support Duration

  • Length of Marriage: As mentioned, shorter marriages typically result in shorter support duration.
  • Financial Need and Ability to Pay: Courts assess the paying spouse’s ability and the recipient’s financial needs.
  • Recipient’s Employment Potential: If the recipient can quickly re-enter the workforce or improve earning capacity, support duration might be shorter.
  • Age and Health: Older or disabled spouses may receive longer support.
  • Contributions During Marriage: Non-financial contributions, such as homemaking or child-rearing, are also considered.

Conclusion

If you were married for less than 10 years, expect that spousal support will generally last about half the length of your marriage. This guideline provides a balanced approach, recognizing the financial interdependence developed during the marriage while encouraging eventual financial independence for both parties.

Understanding these basics is crucial when navigating divorce and spousal support issues. For personalized advice, consulting with a family law professional is always recommended.

Special thanks to Tim Blankenship of Divorce661 for sharing this clear and concise rule of thumb on spousal support duration.

 

Do You Have A Short Term Marriage – Santa Clarita Divorce

Posted by Tim Blankenship on

Over the years, I have helped people that have been married for only a few weeks to folks who have been married almost 50 years. Is divorce any different for short term marriages? The answer is a resounding yes and no.

For the most part, there is no difference in the actual divorce process. Regardless of how long or how short your marriage was, the process and forms that are necessary to complete to get divorced are the same.

For instance, you still have to file for divorce. You have to complete a summons and petition no matter what the length of marriage is.

The main difference in a short term marriage is mostly about how much community property is involved. Just as a brief recap, community property is that which you accumulated during the marriage and separate property is that which you had before marriage.

So lets say you were only married for 6 months. The assets and debts you accumulated during those six months would be subject to being divided. The assets and debts you accumulated during those 6 months are going to be much less than say someone married for 20 years.

But what about that home you owned before marriage? Does your spouse have any right to your home? This is where we separate what is law and what makes sense. Should your spouse have any right to your home you owned before you were married if you were only married for 6 months? I don't think so.

Short term marriages, defined by the courts as anything less than 10 years, have some different rules surrounding things such as spousal support as well.

So there are some differences between a short term marriage and long term marriage as far as certain financial aspects, but the process, forms and procedure of getting divorced never change.

A short term marriage, you could say, may be slightly easier as there is less assets and debts to divide and list on the final judgment.

There is no shame in ending a short term marriage. Sometimes you just grow apart or were never meant to be. If you gave it your best shot and it makes sense to get divorced, then it is what it is.

What I tell people is that they are not setting any records by only being married a short time. We have seen it all.