Is Divorce After a Short-Term Marriage Easier?

The longer a couple has been married, the more complex their divorce is likely to be, particularly if there is no prenuptial agreement in place. This is because couples in long-term marriages are more likely to have commingled their assets, have children, and been out of the workforce for extended periods. It stands to reason, then, that short-term marriages are less complex, right? Generally, yes, but “less complex” does not necessarily mean “easy.” While some divorce-related issues are simpler for short-term marriages, you should still discuss your situation with a Stockton marital dissolution attorney. 

You Might Qualify for Summary Dissolution  

If your marriage was very short, you and your spouse may qualify for a summary dissolution in lieu of a standard divorce. Summary dissolution in California is available for couples who meet the following qualifications: 

1. Have been married for five years or less
2. Have no children together
3. Do not own any real estate
4. Together owe less than $7,000
5. Have less than $53,000 together and separately 
6. Both agree on property division 
7. Neither will get spousal support 

If you don’t meet those qualifications, don’t worry; even some aspects of standard divorce are simpler for short-term marriages. 

Property Division Is Likely to Be Simpler

Property division is often one of the most complex and time-consuming aspects of divorce. In California, assets each spouse brings into the marriage is known as separate property, while  assets either spouse acquires during the marriage are considered community property and subject to 50/50 division upon divorce. Property division generally is easier for short-term marriages because the marital estate is likely to be smaller and less complex. 

Alimony Is Unlikely to Be a Major Sticking Point 

Alimony is money paid by one former spouse to the other former spouse for the payee spouse’s support after the marriage ends. Family law judges consider many factors when determining whether and in what amount to award alimony, and have significant discretion in making their decisions. Judges are more likely to award alimony when the marriage was long (e.g., more than 10 years) and/or one of the spouses makes significantly more than the other. They are less likely to award alimony for short-term marriages and, even if they do, the amount is likely to be lower and the duration shorter than in longer-term marriages. 

But Not Everything Will Necessarily Be Easier 

Children are often a complicating factor in divorce, and short-term divorce is no different. This is because family law judges determine child custody and child support based on the best interests of the child. The length of the parents’ marriage is irrelevant. While the parents may come to an amicable decision on a parenting plan for their children, that plan is nonetheless subject to approval (and potential amendment) by the court.

Work With a Stockton Marital Dissolution Attorney to Ease Your Divorce Process 

Very few divorces are simple, but you can significantly ease the divorce process by working with an experienced attorney. To get started, please contact a Stockton marital dissolution attorney at McKinley, Conger, Jolley & Galarneau by using our online form or calling us at 209-477-8171.