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January 8, 2020

How to Navigate Gray Divorce in California

Ending a marriage at any stage of life can be stressful and sad.

While many people think this happens mostly to younger couples, divorce is actually declining among those age groups. It’s the rate among people over age 50 that’s increasing: according to a Pew Research Center report, it’s doubled in the U.S. since 1990.

Coined “gray divorce” by researchers at Bowling Green State University, most people who go through this separation have been married between 20 and 30 years.

Here are some reasons why older adults may split:

They postpone a separation.

You may have heard of people “staying together for the kids.” Many people put off ending a marriage until their children are in college and/or out of the house. Once it’s just the two of them, they realize it’s time to move on.

Retirement is too big of an adjustment.

When one or both spouses retire, it can lead to a dramatic lifestyle shift. While lots of partners enjoy travel, activities and leisure time together, others find that they’re not compatible in this next phase of life. 

People are living longer.

While longevity is great, it can also make people realize what they truly want. If someone isn’t happy in a relationship, the thought of living another 20, 30 or 40 years with their spouse may motivate them to end the marriage.

Sexual differences.

As spouses age, their sexual appetites often change. If they can’t overcome opposite sex drives and communicate clearly, their relationship may pay the price.

Gray Divorce Mediation

Unfortunately, many couples aren’t prepared for the financial and emotional implications that a split in later life can mean. If both parties are willing to work with a mediator, gray divorce mediation can be a good option because:

It costs less. The average cost of a mediated divorce is between $7,000 and $10,000, compared to a collaborative one at $25,000 to $50,000 and a litigated one at $75,000 and $150,000.

It saves time. The average length of a mediated divorce is four to five months, compared to the average length of a collaborative split at eight months to a year and a half, and the average length of a litigated one at two to three years.

While mediation can be a solid option for divorcees in their later years, both parties have to agree to work with the mediator towards an amicable split.

Things to Consider Before Ending Your Marriage

It’s important to remember that California is a community property state. That means that each person in the relationship is entitled to half of all the assets acquired during the marriage.

For example, even if one person put more money into buying the family home, the other spouse will probably still walk away with half.

California is also a no-fault state, which means that even if one spouse initiated the separation or had an affair, it won’t be factored into the judge’s decision. Your home, car(s), retirement savings and so on will likely be split down the middle.

There are so many different laws to be aware of, and it can be overwhelming to try and navigate gray divorce in California alone. The good news is that you don’t have to! Contact us today and let us provide you with the experienced and compassionate legal support you deserve.

What Our Clients Say

If you must go through divorce and want to be represented by an excellent, diligent, thorough, advocate then choose Bret Campoy. Bret and his staff always went above and beyond to fight for myself and our children. Every time we went to court Bret was well prepared and created plans and strategies. He always had a solid argument that often anticipated and out maneuvered curve balls that might be volleyed by opposing counsel. I can honestly say if the out come in hearings or in trial were frustratingly not in line with my position I knew in my heart that Bret and his staff always did their very best to represent me and our children. When Bret Campoy and his team were working on my case my conscience was clear that all was being done that could reasonably be done. Bret is so very good that the respected Family Law attorney that referred me to Bret stated "If I had to go through a divorce I would want Bret to represent me." The cost of hiring Bret as an attorney was worth it.
Christine D
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