California divorce law operates under a complex framework of time-based rules that can significantly impact the outcome of your case. Understanding these numeric thresholds is essential for anyone navigating the dissolution of marriage in the Golden State. Whether you’re considering divorce or already in the process, knowing how the different numeric rules apply to your situation can help you make informed decisions about your future.
The 5-Year Rule: When Your California Divorce Must Be Finalized
One of the most frequently misunderstood aspects of California divorce law is the five-year rule. Many people assume this refers to how long you must be married before divorcing, but it actually relates to when your divorce must be finalized.
Under CA Civ Pro Code § 583.310 (2025), if a divorce is not finalized within five years of the date the petition was filed, the court may dismiss the case. This means that from the moment you file your initial divorce paperwork, the clock starts ticking. If you and your spouse haven’t reached a final judgment within that five-year window, you risk having your case dismissed entirely, requiring you to start the process over from the beginning.
This rule exists to prevent cases from lingering indefinitely in the court system. However, it can create serious complications for couples dealing with complex property division, custody disputes, or other contentious issues that take time to resolve. Strategic planning and experienced legal guidance are critical as we approach this deadline.
The 10-Year Long-Term Marriage Rule: Spousal Support Implications
California law treats marriages lasting 10 years or longer differently for spousal support, also known as alimony. Under Family Code Section 4336, a marriage of 10 years or more from the date of marriage to the date of separation is considered a “marriage of long duration.”
This designation has significant implications for spousal support. In marriages under 10 years, courts typically limit spousal support to half the length of the marriage. For example, if you were married for six years, support might last for three years. However, for long-term marriages of 10 years or more, the court retains jurisdiction indefinitely, meaning there is no automatic termination date for spousal support.
This doesn’t guarantee lifetime support, but it does mean the court can order support for as long as it deems necessary, and either party can request modifications based on changed circumstances. For couples approaching this 10-year threshold, the timing of separation can have profound financial consequences that may last for decades.
The Military 10/10 Rule: Direct Payment of Retirement Benefits
For divorces involving military service members, the 10/10 rule creates an important pathway for former spouses to receive retirement benefits. Under the Uniformed Services Former Spouses’ Protection Act (USFSPA), if a couple was married for at least 10 years and the service member performed at least 10 years of creditable military service during that marriage, the former spouse can receive direct payment of their portion of military retirement benefits from the Defense Finance and Accounting Service (DFAS).
It’s important to note that this rule applies only to the payment method, not the entitlement itself. Even if you don’t meet the 10/10 threshold, you may still be entitled to a portion of military retirement benefits through the service member directly. However, meeting the 10/10 requirement simplifies enforcement and ensures more reliable payment.
Military divorces involve additional complexities, including the Servicemembers Civil Relief Act (SCRA), which can affect when and how divorce proceedings proceed. These cases require careful attention to both California family law and federal military regulations.
The Summary Dissolution Rule: Streamlined Divorce for Short Marriages
California offers a simplified divorce process called summary dissolution for couples who meet specific criteria, including a marriage duration of less than five years. This streamlined procedure, outlined in Family Code Section 2400, is intended for straightforward cases in which the parties agree on all terms.
To qualify for summary dissolution, couples must meet several requirements:
- Married for less than five years from the date of marriage to the date of separation
- No children together (born or adopted), and the wife is not pregnant
- No real property (real estate) ownership
- Limited personal property and debts
- Neither party is seeking spousal support
- Both parties agree to the division of assets and debts
Summary dissolution offers a faster, less expensive alternative to traditional divorce proceedings. No court hearing is required, and the process involves less paperwork. However, both parties must be in complete agreement on all terms, and if disputes arise, the case must be converted to a regular dissolution proceeding.
Why These Rules Matter for Your California Divorce Case
These numeric rules aren’t just bureaucratic formalities—they can fundamentally alter the financial and legal outcomes of your divorce. A marriage that ends at nine years and eleven months looks very different from one that ends at ten years and one month when it comes to spousal support. Similarly, approaching the five-year case-completion deadline without a strategy can require restarting your divorce.
Judy L. Burger, a Certified Family Law Specialist by the State Bar of California Board of Legal Specialization, has extensive experience navigating these complex timing issues in a California divorce. With decades of experience in family law, Judy understands how to strategically approach cases where these numerical rules create opportunities or pose challenges for clients. Whether you’re dealing with a long-term marriage with complex support issues, a military divorce with retirement benefit considerations, or approaching critical deadlines, having knowledgeable legal representation can make a significant difference in your outcome.
California Divorce FAQs
Q: How long do I have to live in California before filing for divorce?
A: You or your spouse must have been a resident of California for at least six months and a resident of the county where you’re filing for at least three months before you can file for divorce.
Q: Does California require a reason for divorce?
A: No. California is a no-fault divorce state, meaning you don’t need to prove wrongdoing by your spouse. The most common ground for divorce is “irreconcilable differences.”
Q: How long does a California divorce take?
A: California has a mandatory six-month waiting period from the date your spouse is served with divorce papers until your divorce can be finalized. However, complex cases often take much longer to resolve.
Q: Can I date someone else while my divorce is pending?
A: Legally, you’re still married until the divorce is final. While California is a no-fault state, dating during divorce proceedings can sometimes complicate custody evaluations or settlement negotiations.
Q: Will my spouse automatically get half of everything in our divorce?
A: California is a community property state, meaning assets and debts acquired during the marriage are generally divided equally. However, separate property (owned before marriage or received as a gift or inheritance) typically remains with the original owner.
Get Experienced Legal Guidance for Your California Divorce
Navigating California’s complex divorce laws requires more than just understanding the rules—it demands strategic thinking about how these rules apply to your unique situation. The Law Offices of Judy L. Burger has helped California families through divorce for years, providing compassionate, knowledgeable representation in cases ranging from straightforward summary dissolutions to complex long-term marriages involving substantial assets.
Don’t let critical deadlines pass or miss important opportunities because of timing issues you didn’t understand. Contact The Law Offices of Judy L. Burger today to schedule a consultation. With offices serving clients throughout California, Judy and her team are ready to help you understand how these numeric rules affect your case and develop a strategy that protects your interests. Call now to take the first step toward securing your future.
