Are you navigating a divorce in California after a long-term marriage and wondering about terminating spousal support? In this informative video, we'll delve into the specifics of terminating spousal support in long-term marriages and provide key takeaways and practical advice to help you through this process.
Key Takeaways:
Agreement Requirement: California law states that terminating spousal support in long-term marriages (over 10 years) can only be done by mutual agreement between both parties.
Waiver and Agreement: In amicable situations where both spouses are self-supporting or have reached an understanding, a waiver can be prepared. Both parties need to initial and sign this waiver, indicating their agreement to terminate the court's jurisdiction over spousal support.
Default Cases: If you are pursuing a divorce without an agreement (default case), you cannot automatically terminate spousal support. Instead, you must choose to reserve jurisdiction over spousal support in your initial petition.
Matching Petition and Judgment: It's crucial to ensure that the requests in your judgment match those in your initial petition. If you marked "terminate" in your petition but later try to change it to "reserve" in your judgment, the court may reject your judgment as it doesn't align with your original petition.
Amending Your Petition: To make changes to your spousal support request in a default case, you may need to amend your summons and petition. This process does not restart the six-month waiting period but may require an additional 30-day waiting period.
Practical Advice:
If you find yourself in a situation where you need to terminate spousal support in a long-term marriage, ensure clear communication and agreement with your spouse. If you're in a default case, be diligent about aligning your petition and judgment requests to avoid rejections. In some cases, amending your petition may be necessary to make changes.
Remember, divorce proceedings can be complex, and it's crucial to consult with a qualified attorney for specific guidance related to your case.
If you found this video helpful, please like, share, and subscribe for more valuable insights on California divorce matters. If you have any questions or need further assistance, feel free to leave a comment below.
Disclaimer: This video provides general information and should not be considered legal advice. Always consult with a qualified attorney for personalized guidance in your divorce case.
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