Divorce With Alimony In Santa Clara
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FAQ
Getting a divorce takes at least 6 months. There are 4 major parts of the process and they are the same for couples who are married and for those in a domestic partnership.​ It's the same process to get a legal separation.
To start a do-it-yourself divorce in California, you must file a Petition (form FL-100) and Summons (FL-110) with the court. In addition, if you have minor children, you must submit several child-related documents.
The 10 Year Rule applies if a couple's marriage lasted for ten years or more. If you're nearing the 10-year mark and considering a divorce, this rule could significantly impact your settlement. It often influences decisions related to alimony and retirement benefits, making it a critical factor in divorce negotiations.
Misconduct: Certain behaviors can also lead to the disqualification of alimony. For instance, if a spouse is found to have engaged in financial misconduct, such as hiding assets or failing to disclose financial information during the divorce proceedings, this can result in disqualification.
For marriages of less than 10 years, support is typically granted for half the length of the marriage. But for marriages of 10 years or more, they are often considered "lengthy" or "long-term" and the court may not set a definite termination date for spousal support.
Misconceptions and Legal Realities However, California law is clear that while a marriage of 10 years is presumed to be of long duration, this doesn't lock in lifetime support. Instead, it gives the court continuing jurisdiction to award or modify spousal support based on the changing circumstances of the parties.
40% of the high earner's net monthly income minus 50% of the low earner's net monthly income. For instance, if Spouse A earns $5,000 per month and Spouse B earns $2,500 per month, temporary spousal support might be calculated as follows: 40% of $5,000 = $2,000. 50% of $2,500 = $1,250.
California doesn't use a "calculator" for determining the amount of long-term spousal support. Instead, judges must decide how much to award after they've considered all of the following circumstances: each spouse's needs, based on the standard of living they had during the marriage.
Misconduct: Certain behaviors can also lead to the disqualification of alimony. For instance, if a spouse is found to have engaged in financial misconduct, such as hiding assets or failing to disclose financial information during the divorce proceedings, this can result in disqualification.
