What Percentage of Marriages End in Divorce?

Many families across California are established by marriage. Marriages are often the starting point of a family, but not all marriages last. Sometimes, the only option for the family's well-being is divorce. If you are considering divorce in California, a divorce lawyer in California can help you navigate the process, including filing paperwork, negotiating or mediating with your ex-spouse, and representing you in court. 

It's critical to understand the divorce rate in the country and California To assess your options and make informed decisions.

Why do Couples Divorce?

In 2021, the marriage rate in the US was 6 per 1,000 individuals, while the divorce rate stood at 2.5 per 1,000 individuals. So why do so many couples opt for divorce?

Every marriage is unique, and so is the relationship shared between the individuals. Whether due to financial constraints or emotional reasons, every couple goes through different situations that compel them to divorce. Here are some common causes of divorce:

· Differing Views, Opinions, Lifestyle

Every person has a unique viewpoint and opinion regarding marriage. Sometimes, individuals don't respect or cannot live by the cultural differences of their partners, leading to disagreements, disputes, and ultimately - divorce. 

· Financial Difficulties

The cost of living in California is high, and almost all of us face financial problems now and then. Indeed, money is a big factor in why some marriages end in divorce. Things may also get heated if one partner earns significantly more than the other. Financial arguments between couples may take an ugly turn, compelling them to seek divorce. 

· Domestic Violence

Unfortunately, domestic violence is rampant in the US. Approximately 33% of women and 25% of men are victims of rape, physical violence, stalking, or other kinds of abuse. Domestic violence is a major contributor to the divorce rate across the US. 

· Infidelity

As per the American Association for Marriage and Family Therapy (AAMFT), 15% of married women and 25% of married men in the US have extramarital affairs. Infidelity is one of the most common reasons for couples to split. 

· Immaturity

Key statistics have revealed that couples who get married in their 20s are more likely to get divorced in their 30s. Some people marry early in their lives when they may not be capable of handling the emotional and other aspects of marriage. 

· Children

People marry to have children and start a family. Every parent wants to provide a caring and supportive environment for their children. But every household is different. If one parent resents having a child, divorce becomes the only option for the other spouse to provide a positive growing environment for their child. 

· Incompatibility 

Couples live together and marry for companionship. You would want someone who can help you grow, and you help them grow in life as well. But compatibility isn't always in our hands. One of the most common reasons for divorce is incompatibility between spouses, which causes disagreements, arguments, and even distrust. 

· Substance Abuse

Substance abuse may lead to distrust among partners, along with financial difficulties and parenting inability. Substance abuse can strain marriages beyond repair, leading to a divorce. 

How Many Marriages End in Divorce?

Nearly half of all marriages in the US end in divorce. Approximately 40%-50% of first marriages end in divorce. The rate of divorce for second marriages is even higher, around 60%-70%. 

However, there has been a steady decline in the rate of divorces in the past few years. The American Psychological Association states that the number of first marriages ending in divorce is 41%, as of 2024. 

In California, the divorce rate is lower compared to other states. In 2021, the number of marriages that end in divorce is 8.9%, with 7.4% of men and 10.7% of women divorcing in the state. 

A decade ago, the divorce rate in California was nearly 10%. This steady decline, not just in the state but countrywide, is probably a good thing prima facie. But, it should be noted that the number of marriages in California has also been declining during this period. 

What is the Current Divorce Rate in the US?

As per the US Census Bureau, the current divorce rate in the United States is 3.2 per 1,000 population. In 2019, the recorded number of divorces was 827,261, causing the total number of divorces to exceed 8.3 million in the 21st century. 

When do Couples Divorce?

The duration of marriage varies as per the circumstances of one individual to another. According to data from the US Census Bureau, the first marriages that ended in divorce lasted seven years approximately, in 2021. 

This may be due to the decline of a feeling of happiness or lack of intimacy between the couples after so much time spent together. 

However, in our experience as divorce lawyers, we have seen marriages that do not last even six months. On the other end of the spectrum, spouses married for 16 years may still be unhappy and decide to separate. 

The Bureau also noted that people are more likely to get divorced in their 20s and 30s than beyond this age group. The highest rate of divorce is seen among individuals aged 25-29 years, probably due to emotional immaturity. The bureau also found that the majority of divorces happened in the first five years of marriage. 

Average Duration of Marriages that End in Divorce

The Centers for Disease Control & Prevention (CDC) shows that the number of first marriages that end in divorce typically lasts about 8 years. The average duration of a second marriage is shorter than the first marriage. As per the CDC, the average duration of a second marriage ending in divorce is 7 years. 

Divorce Rate by Occupation

Surprisingly, divorce rates do vary by occupation. Some occupations, like construction workers, doctors, salespeople, and food servers, have the highest divorce rates in the country, as per the US Census Bureau.

Additionally, divorce is very common among military personnel. The US Department of Defense states that the divorce rate for active duty military members was 3.7% in 2019, though it has declined from previous years. 

Statistics on Same-sex Divorce 

Same-sex couples have a lower rate of divorce than opposite-sex couples. The difference is staggering - with the divorce rate for same-sex couples being 1.1% while that for opposite-sex couples was 2.9%. 

How Often do Divorced Couples Remarry? 

There has been an uptick in the number of people who have remarried following a divorce. The National Survey of Family Growth cites nearly 52% of divorced men and 45% of divorced women remarry within 3-5 years of their divorce. Overall, 6% of all divorced couples get remarried to each other in the US. 

Why do People Divorce in the US? 

The most common reasons for divorce in the US are infidelity, financial problems, and lack of communication. But other problems, such as domestic violence and substance abuse, are also major contributors to divorce. 

Along with factors that cause divorce, there are also deterrents. Higher age and strong religious beliefs have been shown to demotivate people to divorce. As stated before, people who marry young are more likely to divorce, along with those who aren't religious and have a low education level and income. 

How to Prepare for Divorce in California?

If you want to divorce your spouse in California, it is essential to know the process to make informed decisions. It is also recommended that you hire a divorce attorney who will be by your side throughout this process. 

Here's how you can prepare for your divorce in California:

· Protect your Children & Assets

Divorce may get complicated if there are children or community assets involved. The first step is to ensure you are a responsible parent and provide your child with time and care. Make sure to be involved in your child's life as much as possible. This may tilt the custody decision in your favor, and you can be the custodial parent to your child. 

Next, separate your personal property from marital property. This includes bank accounts, investments, businesses, and real estate. 

· Meet California's Residency Requirements 

Before you or your spouse file for divorce, one of you must be a resident of California for at least six months and of the County where you'll file for at least three months. 

· Gather Documents

During the divorce process, both spouses have to show their current earnings, owned assets, and debts. Make copies of your asset & debt documents such as bank statements, investments, mortgage and loans, credit card statements, tax returns, deeds, utility bills, and insurance documents.  

· Determine the Method

You don't have to fight a battle in court to get divorced. If you and your ex-spouse can cooperate and work together, you can create a settlement agreement regarding various aspects, like how custody and assets will be divided. If negotiations break down, you also have the option to appoint a third-party mediator and find an amicable solution. 

However, such collaborative procedures are only right when spouses communicate well and can work together. If they cannot, the only way left may be litigating in court. 

· File the Necessary Forms

You have to obtain divorce forms from the court clerk's office or online. These include a Petition for Dissolution of Marriage and financial disclosure forms. If you have minor children, you also have to fill out and file forms related to child custody and child support.

All forms shall be filed at the clerk's office at the Superior Court along with the applicable fee.

· Notify your Spouse

Your spouse must receive an official notice that a divorce has been filed. You can legally serve the court papers at their address or publish a legal notice if you can't locate your spouse. 

· Attend Court Hearings

You and your spouse have to attend court hearings unless you opt for collaborative methods. During the hearing, the judge will determine how custody of the children will be shared, how property will be divided between the spouses, whether the custodial parent requires child support, and whether one spouse needs alimony to maintain their standard of living. 

· Judgment 

California has a minimum waiting period of six months from the time the petition is filed to the date when the dissolution of marriage is finalized. Once the judgment is rendered, you and your spouse will receive copies of the order. 

Contact an Experienced Divorce Attorney in Orange County, CA

Navigating divorce requires a knowledgeable attorney who can provide guidance and support throughout the process. At Jos Family Law, we put our clients and their interests and goals first. We have 55 years of combined experience in providing outstanding legal representation and protecting the interests of families during the most difficult time in their lives. 

Divorce also requires the couples to settle other disputes such as child custody, asset division, and spousal support. Our seasoned family law attorneys specialize in all areas of family law. We understand your situation and devise a tailored strategy that meets your needs and goals. 

Do not hesitate to contact our divorce lawyers in Orange County for a stress-free process. Schedule a free consultation with Jos Family Law to discuss your case.

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