Divorce Law - A Blog By A Divorce Attorney!

                  THE TEN YEAR "RULE" - NOT REALLY A RULE              A number of you have probably come across various "legal" articles discussing a ten year "Rule" in the area of divorce.  I have also read these articles and am astounded at the misinformation contained in them.  First and foremost, marriage duration only impacts spousal support.  You don't get a pot of gold when you hit ten years!  Your property rights don't automatically change nor does your ability to go after your spouse's separate property estate.             Furthermore, in regards to spousal support, marriage duration does NOT automatically provide more spousal support.  Discretion is still very much involved. C alifornia Family Code section 4336 (b), the section governing the 10 year duration subject, clearly indicates that the trial court has discretion when characterizing the length of a marriage.             When a marriage is deemed one of "long dura