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Ask S. Kincaid Your Own Question
S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2431
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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My wife and I were married in 1986 and she filed

Customer Question

My wife and I were married in 1986 and she filed for divorce in October of 2009 which had a finalized date in March of 2010. However, she changed her mind and we got back together on 12/30/09. We didn't have the money to stop the divorce so we were remarried the day after the divorce was final. She now wants a divorce. For spousal support, will our marriage be viewed as a 5 year or 29 year length of time since we have been married each day the past 29 years?
Submitted: 2 years ago.
Category: Family Law
Expert:  S. Kincaid replied 2 years ago.
Thank you for allowing me to assist you.
May I ask what the first divorce Judgment said about spousal support? Did it reserve or terminate jurisdiction to award spousal support?
Customer: replied 2 years ago.
Spousal support was not requested.
Expert:  S. Kincaid replied 2 years ago.
But in California divorce judgments, it normally says either:
"The Court hereby reserves jurisdiction to award spousal support in the future," or
"The Court hereby terminates jurisdiction to award spousal support in the future." Can you look at the judgment for this language?
Customer: replied 2 years ago.
I don't have the judgement. Where could I get a copy? Does that mean if the judge reserves judgement for the future, the marriage is viewed at 29 years?
Expert:  S. Kincaid replied 2 years ago.
You would go to the courthouse where the divorce was entered and get a copy of the judgment. That judgment should say whether or not spousal support can be ordered as the result of that marriage. If jurisdiction is terminated, it cannot. If it is reserved, it can, and it would be the equivalent of saying that you had a 29 year marriage.