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Is There an Automatic Divorce After a Long Separation?

June 3, 2025 / / 0 Comments

When couples separate for years, it’s common to assume that the marriage may legally end on its own. But it won’t. One reason this confusion exists is due to California’s mandatory six-month waiting period, which applies after a divorce is filed – not during a separation. In this month’s blog, we will break down what the law really says.

Understanding California’s Six-Month Waiting Period

In a California Divorce, once the paperwork has been filed and properly served, a six-month period must pass before the court can legally terminate the marriage. This is a cooling-off period, meant to give both parties time to reconsider or resolve disputes.

However, this doesn’t mean the divorce is automatic after six months. You must still complete all legal requirements, including filing all necessary documents, finalizing a settlement or appearing in court, and receiving a final judgment of dissolution.

Legal Separation vs. Divorce: Know the Difference

A long separation often leads to confusion between legal separation and divorce. In California Divorce law, legal separation is a formal court process similar to divorce but without terminating the marriage. It allows couples to address issues like child custody, spousal support, and property division while staying legally married.

Choosing legal separation over divorce might be suitable for couples with tax benefits or health insurance considerations. However, unless the court grants a final judgment of dissolution, you are still legally bound as a married couple.

Why You Shouldn’t Stay Separated Indefinitely

Failing to take legal action after a long separation can create legal and financial risks:

  • Financial Entanglements: Shared debt or property may remain legally binding.
  • Legal Obligations: Spousal support rights may still exist.
  • Estate Confusion: Your spouse may have inheritance rights unless officially divorced.
  • Remarriage Limitations: You cannot remarry until the divorce is legally finalized.

For more on these legal implications, visit the California Department of Child Support Services, which outlines responsibilities that may continue during separation.

Family Law Richard E. Young & Associates Is Here To Help You

Don’t let confusion about separation delay your next steps. If you’ve been living apart and assumed the marriage ended on its own, it’s time to get clarity. Reach out to Family Law Richard E. Young & Associates at (949) 951-9529 to begin the legal process and protect your rights. Finalizing your divorce ensures peace of mind and a fresh start, and we’re here to help you!

What Happens to the Family Home in a Divorce in California?

February 4, 2025 / / 0 Comments

The family home is an asset a couple acquires during their marriage. With a nationwide divorce rate of 45% (CDC), it becomes one of the central points of contention in divorce proceedings. In California, however, when discussing what happens to the family home in a divorce, it’s essential to understand that there are no set criteria that determine which spouse will receive the home. In this month’s blog, we will walk you through how California’s community property laws apply to your situation.

Does the Titleholder Automatically Get the House in a Divorce?

Determining who keeps the house in a divorce isn’t straightforward—even if only one party’s name appears on the title deed. If the house is separate property and the other spouse does not object, the spouse who owned it before the marriage keeps it after divorce. If the other spouse objects, the court may require both to agree on who gets the house or order the house to be sold.

Related: Learn more about if it is worth it to change the court orders here.

What If the Family Home Is a Community Property?

Since each spouse has an equal share of community property, the judge will split all property down the middle. Even if one spouse was the primary earner, the family home in divorce is generally treated as a shared asset. However, if you contributed separate funds or made significant improvements to the property, you might be eligible for a reimbursement claim. Keep in mind that the court might consider cohabitation agreements and examine financial contributions when determining an equitable split.

Related: Learn more about whether California recognizes cohabitation agreements here.

Options for Managing the Divorce Family Home

When facing the decision of what happens to the family home in a divorce, several practical options are typically considered:

  • Selling the Family Home After a Divorce

Selling the property is often the most straightforward way to settle disputes. The proceeds are divided according to community property guidelines, providing a clean break for both parties.

  • One Spouse Buying Out the Other

For those interested in keeping the family home in divorce, one option is for one spouse to buy out the other’s share. This involves refinancing the mortgage and ensuring the departing spouse is compensated fairly.

  • Leaving Family Home Before Divorce

An alternative some couples explore is leaving a family home before divorce. This proactive step can sometimes simplify asset division by reducing emotional attachments and easing negotiations.

Let Us Help You Come to a Sensible Agreement Regarding the Family Home

At Family Law Richard E. Young & Associates, we specialize in guiding clients through these sensitive matters. Whether you’re concerned about keeping the family home in divorce or understanding the implications of moving out, our experienced team is here to help. Visit our website or call us at (949) 951-9529 for a free initial consultation to discuss your options and protect your interests.

Is Alimony Always Awarded in a California Divorce?

August 2, 2024 / / 0 Comments

When it comes to spousal support or alimony, the question of whether it is always awarded in a divorce or not frequently comes up. In California, the answer isn’t as straightforward as one might hope. It’s not a given that alimony will be awarded in every case. Instead, it’s a decision made based on several factors and circumstances unique to each marriage. In this month’s blog, we will walk you through how alimony works in California.

Alimony concept. An envelope with cash on a table.

The Basics of Alimony in California

Alimony is intended to provide financial support to a spouse who may need it following a divorce. The idea is to ensure that both parties can maintain a standard of living reasonably close to what they enjoyed during the marriage. However, alimony isn’t automatically granted; it’s subject to judicial discretion and evaluation of multiple factors.

When considering spousal support, California courts look at the length of the marriage, the earning capacity, and the needs of each party. They also use phrases like “reasonable period of time” and “reasonable” to determine how long a supported spouse might need to be supported. 

Related: Learn more about alimony and child support here.

Temporary vs. Permanent Alimony

In California, there are different types of alimony that can be awarded: temporary and permanent. Temporary alimony, often referred to as “alimony pendente lite (APL),” is support awarded during the divorce process to help the lower-earning spouse maintain financial stability until the divorce is finalized. This type of support aims to keep things as stable as possible during a tumultuous time.

Permanent alimony, on the other hand, is awarded as part of the final divorce decree. However, the term “permanent” can be misleading because it doesn’t necessarily mean lifetime support. Instead, it can last for a specified period, particularly in marriages of shorter duration. For longer marriages, there’s a greater likelihood that support will be awarded for an extended period, but even then, it’s subject to modification.

Alimony sign on a black piece of paper and money.

Modifying or Terminating Alimony

Circumstances can change, and with them, so can alimony arrangements. In California, either party can request a modification of alimony if there’s a significant change in circumstances. This could include a change in income, employment status, or even the financial needs of the recipient. Additionally, factors such as the remarriage of the recipient or the death of either party can influence the division of retirement accounts and the termination of related alimony payments in a California divorce.

Related: Learn more about how the division of retirement accounts works in a California divorce here.

Conclusion

This process can be stressful and confusing, but Family Law Richard E. Young & Associates is here to help. We help you whether you are the paying party or the receiving party. Our lawyers represent clients in Lake Forest, CA, and other communities throughout Orange County. Call us at (949) 951-9529 or visit our website at richardeyoungattorney.net to schedule a consultation.

Can a Child Choose Custody?

June 6, 2023 / / 0 Comments

Many parents who have undergone a divorce have listened to their children expressing their desire to reside with the non-custodial parent. Though this is usually said in the heat of the moment, one question that frequently arises in such cases is: can a child have a say in deciding custody arrangements, and if yes, when? In this month’s blog, we talk about when a child can choose custody, exploring the relevant legal frameworks and shedding light on the associated intricacies.

Who Decides Child Custody?

Parents are used to making decisions regarding what is best for their children. However, if an agreement on child custody cannot be reached by the parents prior to appearing in court or during mediation, the ultimate determination of child custody is entirely at the discretion of the judge handling their case. Therefore, the judge will decide who won the custody battle.

Related: learn more about tips that help you to win a custody battle here.

When Can a Child Have a Say?

According to Family Code 3042, the judge does not view it as harmful for a child that passes 14 to express their custody preference. But this doesn’t mean that the child’s custodial preferences decide where they live and with whom. It’s important to understand that the judge doesn’t have to follow the child’s preference as they make the decision based on what’s in the best interest of the child.  

What if You Disagree with Your Child’s Preference?

You want what’s best for your child, but hearing that your child prefers to live with the other parent can be a heartbreaking moment. At the end of the day, custody is granted based on what the judge decides, but as your child age, circumstances may mean that these arrangements need to be altered. 

Get The Best California Family Law Representation!

If you’re a parent going through a divorce and you have a custody battle to win, call on Family Law Richard E. Young & Associates. We have extensive experience in family law, and we’ll help you obtain the best possible custody outcome for your case. Call Family Law Richard E. Young & Associates now at (949) 951-9529 to discuss your case.

How to Deal With an Ex-Spouse Harassment

March 10, 2023 / / 0 Comments

The relationship between ex-spouses is tricky and often hard to manage. While some are ready to move on from past relationships, others are so mired in anger and other negative feelings that they can’t let go, especially during a divorce. The law knows this and offers some ways of legally dealing with harassment if your ex-partner keeps harassing or intimidating you. The following are some ways to help you deal with this.

What is Harassment?

Harassment is any unwanted behavior that can cause physical and mental damage. Harassment comes in many forms, from verbal abuse to stalking to physical abuse. These are all harassment as per Californian harassment laws. If you are a victim of harassment, contact the police or your domestic violence attorney to decide what actions you may be able to take.

Should You Retaliate?

The first step in dealing with a harassing ex-spouse is to always take the high road and never get back at them. This will just make things worse, and you might even share culpability with them if the problem reaches the court. Instead, document the harassment and get a restraining order to avoid any arguments or discussions that could escalate the situation.

Related: Learn more about the benefits of getting a restraining order here.

Empower Yourself with Options

If your ex-spouse’s harassment continues and the restraining order doesn’t do the trick, go for other options. As additional protection, inform some trusted friends about the situation and seek legal assistance if your ex-partner is still trying to bait you into an interaction. Legal action can provide you with legal protection from further harassment and ensure that your ex-spouse faces legal consequences for their behavior.

Related: learn more about how and when to file a complaint for domestic violence here.

Reach Out To Local Support and Resources

Dealing with a harassing ex-spouse is indeed a troubling time, but it doesn’t mean it’s impossible to remain emotionally safe. You can reach out to a support group for people who are going through a divorce, as they can offer you practical advice and emotional support. Many local resources can be found here.

Rely on Family Law Richard E. Young & Associates

Family Law Richard E. Young & Associates has a history of helping clients protect themselves through harassment cases. We are well-versed in domestic violence laws and will get your rights back by any means. Contact our law firm today at (949) 951-9529 or visit our website for more information.

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