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Friday, February 20, 2015

What is the 10-year rule for divorce???




 ALIMONY FOR LIFE!!!!


(Not.)











Today, I am going to talk about the mythical "10-year rule" in California as it pertains to marriages and divorce.  I have seen and heard a lot of crap as to this, and it's my turn to step up and dispel confusion.

So what does it mean for people who have been married for 9.5 years?  Should you race to a divorce lawyer's office?  What about 11 years?  Are you screwed and paying alimony for life?

Relax.  There is no 10-year rule as it applies to alimony for life, people!!! It's all hoopla over practically nothing.

The ONLY thing the Family Code says is that marriages over 10 years is one of "long duration".  And in such cases, the court retains jurisdiction to modify support indefinitely.  SO....the only thing lasting forever is the Court's power to have a say in this matter.  It does NOT automatically mean that the payor has to pay support forever.

10 years of marriage is also important for Social Security derivative benefits.  If you have been married for 10 years, you may be able to collect benefits from your spouse if 1) you aren't remarried; 2) your earned income benefits are less; and 3) your ex-spouse is over age 62.

Generally, if you are the payor of spousal support in a long-term marriage, here are some tips for you:

1. Always bargain for a termination of jurisdiction date.  I am a fan of bargaining.  It is easier to get what you want from your ex-spouse than a Judge.  Certainly a lot cheaper. If you have been married for 10-12 years, a safe bargain would be half the length of the marriage.  Specify the termination of jurisdiction in the agreement and insert other precise language warning about the termination of jurisdiction.  Courts are extremely busy, and it is not their desire to retain jurisdiction over anything other than they have to. If you have a very specific clause, it will prevent future litigation.

2.  If you can't catch the fly with honey or vinegar, try using Family Code 4320, subsection (l), which states: (l) The goal that the supported party shall be self-supporting within a reasonable period of time. Except in the case of a marriage of long duration as described in Section 4336, a "reasonable period of time" for purposes of this section generally shall be one-half the length of the marriage.  You will want to tell the Court that it is the GOAL that your spouse become self-supporting within a REASONABLE period.  You may also want to mention this case, Marriage of Prietsch and Calhoun,  (1987) 190 Cal.App. 3d 645, and quote that Court in saying, "Your honor, in this case, the Court held "the duration of support should be limited so that both parties, where possible, can develop their own lives, free from obligations to each other.

3.  Request a Gavron warning from the Judge.  The Judge will put the payee on NOTICE that she is expected to become self-supporting.  This is very important!  She MUST be put on notice.

4.  Immediately after receiving the Gavron warning, request a Richmond order, setting a specific date jurisdiction of spousal support will terminate.  A Richmond order gives the payee notice that on a date certain, spousal support will terminate, along with jurisdiction (meaning, the Court can no longer extend or award support after this date), UNLESS the payee files a motion prior to that date to extend, and can meet her burden of proof for showing need.  This is a very important request, and unless the payee is elderly and/or has mental/physical problems, should be granted.  I once represented the husband in a divorce. The marriage lasted 37 years, and the woman had a brain tumor.  The Court retained jurisdiction indefinitely in that case.

IF you are the recipient of spousal support, this isn't good news for you. Don't expect to hold out 10 years in a rotten marriage with great hopes of lifetime alimony.

You can, however, bargain for it BEFORE the marriage, with a prenup.


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What a beautiful and wonderful testimony, sometimes things you don't believe can just happen. My name is Adams Vera, from U.S.A am 28 years old i got married at the age of 24 i have only one child and i was living happily. After three years of my marriage my husband behavior became so strange and i don't really understand what was going on, he packed out of the house to another woman i love him so much that i never dreamed of losing him, i try my possible best to make sure that my husband get back to me but all to no avail i cry and i cry seeking for help because i was heart broken until i coincidentally came across an online spell caster called Dr. Osasu , i contacted him and explained to him what i have been going through in my marriage and he gave me the full assurance that my husband will come back to me and my marriage will be restored, He told me what to do to get my husband back and i did, he said after 3days my husband will come back to me and start begging, it really happen it was so surprising and everything was just like a miracle, ever since my family have been living with so much happiness and our relationship was now very tight because of this great and powerful spell caster.he is a very great and powerful spell caster that can be trusted and there is nothing concerning life issues he cannot solve because i am a living testimony. i know there are so many people out there who are going through similar problems in one way or the other, believe me this is the right spell caster to contact and all your problems will be forgotten. contact Dr. Osasu viaWhatsapp: +2347064365391 Email:Account drosasu25@gmail.com

ose said...

Hi, I've been searching for help on how to get rid of my ex lover that broke up with me 5 months ago and scamming me of my hard earn money .. I was traumatized by the incidence  and nearly wanted to commit suicide because i was left with nothing but i thank God that i got the contact of Lord noble  the spiritual father that helped me to get ride of my ex lover that scammed me after much searching of help from different places. When i got in touch with Lord noble, i explained everything to him and he gave me his words of encouragement and told me what i wanted , if i need him back or i need revenge and i told him i want him dead because the wicked must not go unpunished so lord noble prepare a death spell on him and within 48 hours my ex lover was found dead in his apartment with a suicide note  and since that day i became a happy woman and now i have regain all that i have lost in the past with the help of lord Noble . If you need any assistance whatsoever like getting cured from sickness and diseases, getting back with your ex lover, getting pregnant, E.T.C. Then, I suggest that you get in touch with Lord noble now through his Email ID: peterwiseherbalcenter@gmail.com and WhatsApp him on + 2349 05961 0643 for more information. Thank you.    

Anonymous said...


HOW I GET MY EX BACK WITHIN 3 DAYS

i sincerely want to thank a great spell caster called Dr Ilekhojie for helping me to bring back my husband to me and my kids. after many years of marriage, my husband left me and my kid, and ran away with his new girlfriend to san francisco to start up their life without thinking about me and my son. I felt like my life was about to end, and was falling apart. After years of our separation i could not take it anymore so i decided to visit a friend who also encounter similar issue but she is living happily with her man now , to seek advice from her on how she get her ex husband back again.when i get there i explain everything to her and she told me not to worry that she will link me up with the spell caster who cast a spell on her husband that make him to come back to her. i pick her advice and i strongly hold onto it.then I contacted Dr Ilekhojie (gethelp05@gmail.com) and after I explained my problem,he told me not to worry that i have no problem in getting my husband back again he gave me 4 days assurance that my husband will come looking for me that when he come i should accept him back i told him that i will whole heartedly welcome him back. In just 3 days my husband came back to us and apologize for all the pain he have bring to the family. We solved our issues, and we are even happy more than ever before. Dr Ilekhojie is the best spell caster to solve any kind of problem and sickness you have.. I really appreciate the love spell you cast for me to get the man back to my life i will keep sharing more testimonies to people about your good work. if you want your ex back and you don,t know what to do kindly email gethelp05@gmail.com or contact him via whatsapp +2348147400259

Jennifer Danzig said...

HOW I GOT MY EX HUSBAND BACK WITH THE HELP OF REAL AND EFFECTIVE SPELL FROM DR Osasu My This wonderful cast called Dr Osasu help me return my husband back after he abandoned me and the kids for 2 years without visiting. A friend of mine told me how the powerful spell caster helped her and i contacted him via the email address my friend gave me, i told him my problem and he assured me victory, in less than 48 hours after i did all he instructed me to do, he called me for the first time after he left me, he pleaded for my forgiveness now we are living happily. if you need his help you can reach him on his personal email (drosasu25@gmail.com) or call him +2347064365391

Olivia Jayden said...

Hello, What a beautiful and wonderful testimony, sometimes things you don't believe can just happen. My name is Adams Vera, from U.S.A am 28 years old i got married at the age of 24 i have only one child and i was living happily. After three years of my marriage my husband behavior became so strange and i don't really understand what was going on, he packed out of the house to another woman i love him so much that i never dreamed of losing him, i try my possible best to make sure that my husband get back to me but all to no avail i cry and i cry seeking for help because i was heart broken until i coincidentally came across an online spell caster called Dr. Osasu , i contacted him and explained to him what i have been going through in my marriage and he gave me the full assurance that my husband will come back to me and my marriage will be restored, He told me what to do to get my husband back and i did, he said after 3days my husband will come back to me and start begging, it really happen it was so surprising and everything was just like a miracle, ever since my family have been living with so much happiness and our relationship was now very tight because of this great and powerful spell caster.he is a very great and powerful spell caster that can be trusted and there is nothing concerning life issues he cannot solve because i am a living testimony. i know there are so many people out there who are going through similar problems in one way or the other, believe me this is the right spell caster to contact and all your problems will be forgotten. contact Dr. Osasu viaWhatsapp: +2347064365391 Email:Account drosasu25@gmail.com