Divorce Support Forums: Divorce before 10yrs

In CA, at 10 years, the state considers this a marriage of long duration and routinely retains the authority to modify support and custody issues. However, none of this is hard and fast. The court has a lot of discretion in determining custody and support. Read CA. Family Code 4320-4325. This is what the court is to consider when setting long term spousal support. In your situation, different scenarios could play out, depending on you, your STBX and the judge. As you may know, bipolar can often be successfully treated. Have you looked into that yet? CA. does allow divorce for pretty much any reason; and "insanity" in one of the many. But you should know the court does not let ex-spouse's kick their crazy ex's to the curb. If your STBX gets a statement from a physician stating she is not well enough to work and support herself, they will look to you to support her, regardless of how long you were married. You can refute her expert's testimony with your own expert if you wish. That would be something for a hearing or the trial. If you can show she is a danger to the children, you could get either full custody (unlikely) or joint custody with you being the primary caregiver. These issues usually get worked out outside of court in a custody mediation. I would expect that she would get spousal support for a few years at least, and maybe much longer, depending on whether she gets the medical help and responds to it. In closing, that "ten year" issue doesn't mean much. The court can pretty much order anything they want to and what they think is fair.

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