The length of the marriage may create a host of issues that are important to determining each spouse’s divorce rights.

The most important issue to resolve in any divorce is child custody and visitation.  The longer the marriage, the greater likelihood that the union produced children, either biological or adopted.  If the children are still minors, then both parents have an obligation to support the children, and custody and visitation rights must also be decided.

The distribution of marital property is also very important in divorce.  In California, all property acquired during marriage is presumed to be community property, meaning that each spouse owns one-half of the assets in the marital estate.  (Family Code 760; Family Code 802.)  The longer the marriage, the greater the accumulation of property during marriage.  Thus, longer marriages usually mean longer divorce proceedings.

Lastly, even after the parties have divorced and the marital estate has been distributed, the length of the marriage is one of the factors the court must consider in determining spousal support after divorce.  (Family Code 4320(f).)  The longer the marriage, the greater likelihood a court will order higher spousal for the spouse with the lesser earning capacity.

The above issues are usually the most contentious issues in divorce proceedings.  In order to protect your divorce rights, consult a Southern California divorce lawyer to devise a case strategy.  Divorces may result in significant resentment, bitterness, and frustration between the parties, so you will need good divorce attorney to objectively advise you while vigorously representing you.

If you are considering a divorce, you will need an experienced Southern California divorce attorney to advocate for you.  At Wallin & Klarich, we have helped people going through divorce for over 30 years.  Call us today at (888) 749-7428 or visit us at our website at www.wkfamilylaw.com. We will be there when you call.