How To Get Alimony when Only Married for a Short Period
Spousal support can be given if one spouse makes less money than the other.The longer you've been married, the more likely you are to get support.If you have only been married for a short period of time, you may face difficulties in getting alimony.If you put your own education or career on the back burner to support your spouse's advancement, then brief payments may be appropriate.
Step 1: You should hire an attorney.
If you are going to ask for support, you should hire an experienced family law attorney.If your spouse will dispute your request, an attorney's expertise and assistance is crucial.If you're not familiar with any family law attorneys in your area, look up the website of your state or local bar association.They have an attorney directory.If you want to find an attorney that will take your case, you can ask them a few questions.If you want to find an attorney that's right for you, you have to interview three or four of them.This attorney will be working with you through a very personal situation.You need someone who you feel comfortable with.
Step 2: You should include a request for alimony in your petition.
You have to file a petition with the family court in the county where you and your spouse live to get a divorce.You need to request alimony in your petition.If you have children or are seeking alimony, you can't use the forms that courts have for you to fill out on your own.The petition will include information about yourself, your spouse, and your marriage.Your attorney will pay the filing fee once the petition is complete.The petition will be served on your spouse.
Step 3: While the divorce is pending, decide if you need support.
If the court grants you temporary spousal support, you will be able to support yourself during the months before the divorce is finalized.If you only married for a short period of time, you are more likely to get temporary support than if you have a long-term marriage.The income and assets you and your spouse have at the moment the divorce is filed are considered by the court to determine if you are eligible for temporary support.If you are eligible for alimony after the divorce is finalized, this type of temporary support won't have an effect on that.Different factors are used to determine eligibility for different types of alimony.
Step 4: Financial disclosures should be provided.
Both you and your spouse will need to complete financial disclosure forms.Information about your income and assets are required on these forms.When you file your petition, you may have a few months to complete your financial disclosure forms.Both you and your spouse must complete financial disclosure forms, which include information about your income and assets, as well as all debts, whether joint or separate.The court may use the information on the financial disclosure forms to determine if you're eligible for temporary support, but more often this information is used to decide if the court will award alimony after the divorce.
Step 5: There is a preliminary hearing.
If you've requested temporary support while your divorce is pending, the judge may hold a hearing to evaluate the financial situation of you and your spouse and determine if temporary spousal support is appropriate.If you need to be at this hearing, your attorney will let you know.The judge may want to know about your assets and income.If the judge finds that your spouse should be making support payments while the divorce is pending, the order entered will specify the amount of those payments to be made each month.When your divorce is finalized, this temporary support will stop.If the judge decides you are eligible for additional alimony, you won't receive further payments.
Step 6: Determine the factors considered by the court.
Financial considerations tend to carry the most weight, but courts also look at other aspects of your marriage.If you have only been married for a short period of time, these other factors may be the deciding factor in your case.One of the factors is age.Even though you were only married for a short time, the age difference can affect your dependence on your spouse.The court will consider this factor if you can't work because you are disabled.The decisions you made after you became a married person will be looked at by the court.If you are a 20-year-old woman, you married a 42 year old man.When you married, you became pregnant because your husband is a doctor.You quit school to care for the child.Three years later, your husband cheated on you and you filed for divorce.As a young mother without a college degree, you can't afford the same standard of living as a doctor's wife.Despite the fact that you were only married for a few years, the context of the decisions made in this example could convince a judge that alimony is appropriate in your case.
Step 7: Understand how long your marriage will last.
No alimony or support is forever even if it's called "permanent" alimony.A third of the length of your marriage can be attributed to alimony.When a couple has only been married for a short period of time, courts are more likely to disfavor alimony.Legally, a short period is defined as less than seven years in some states and as much as ten in others.In cases similar to yours, your attorney will evaluate your situation based on the law in your state and court decisions.If you were married for less than a couple years, the court probably won't award you alimony.It's more likely that you'll get payments while the divorce is pending.In short marriages, you may be able to argue for a lump-sum alimony payment in order to level the playing field.
Step 8: There are specific factors in your favor.
The way a judge would look at your state's list of factors is something your attorney will help you figure out.This analysis can be used to focus on factors that favor you getting alimony.The court looks at the financial disparity between you and your spouse, but other factors can also be considered.If certain factors come out in your favor, you are more likely to get alimony.In cases where the marriage only lasts a short period of time, all of those factors must overcome the presumption against alimony.
Step 9: There are ways to distinguish other factors.
Not every factor will benefit you.You and your attorney will have to figure out how to convince the judge that the factors that weigh against alimony are not as important as they should be.The length of your marriage is the biggest hurdle you have to overcome.It's hard to show dependency on your spouse when you've only been married for a few years.How you lived before you were married will be looked at by the court.You are unlikely to get alimony if you are still capable of living that way.If you married someone who was well off, you don't necessarily have to pay for the same standard of living that you had as a couple.In situations where you only enjoyed a short period of living, this is true.To overcome this, you need to point out the sacrifice that you made for your spouse.If you are ending the marriage because of infidelity on the part of your spouse, it may help.
Step 10: You should emphasize your dependency on your spouse.
Over the course of the marriage, the decision of whether to grant alimony depends on your spouse.If your spouse provided all or most of the income, the judge will consider you dependent.After a brief marriage, you must overcome the presumption against alimony awards.It's important to hire an experienced attorney who has practiced in your county for a while.If your attorney is familiar with the judges of the family court, they can use those factors to bolster your case.If you make decisions that put you at a financial disadvantage relative to your spouse, you stand a better chance of getting alimony if you only marry for a short period of time.If you didn't work or complete a degree at your spouse's request, the court might sympathize with you.If your spouse insisted that you stay at home with the kids, or refused to allow you to take a particular job or continue an educational program, this increases the chances you will be dependent on him or her.
Step 11: Speak to your spouse.
Ask your former spouse if they aren't paying their support first.Make sure you don't have a good reason for your spouse's failure to pay before you go to court to enforce the judgment.It may be difficult to say this if you and your former spouse aren't on speaking terms.Your spouse will appreciate the fact that you said something before going to the courts.You may want to write a letter if you don't feel comfortable calling your spouse.You'll know when he gets it if you send it using certified mail.You should give your former spouse the benefit of the doubt.If the first payments were made regularly, there may be a legitimate reason payments have stopped.It's possible that your spouse lost their job or had other unforeseen expenses.Unless you are in dire financial straits, understanding can pay off in the long run.
Step 12: Call your lawyer.
If your spouse doesn't pay support, you'll have to go to court.The attorney who worked with you on your divorce is the best person to talk to.It shouldn't cost you a lot in attorney's fees if you file a motion to enforce the order.Some attorneys are willing to handle the matter for free.If you can't afford the attorney's fees, you might be able to work something out with your lawyer.The court usually has forms you can use to file your own motion.
Step 13: A motion can be filed with the court.
You have to file a motion in the same court that granted your divorce to enforce your support order.Different courts have different names for this motion.Ask the clerk of the court if there's a form you can use to file your motion, if you're filing it on your own.When you're ready to file, take your motion along with a couple of copies to the clerk's office.If you're trying to enforce an existing order, some courts don't charge filing fees, but most charge a fee of less than a hundred dollars.If you can't pay the filing fee, you may be able to get a fee Waiver.Ask the clerk if you need an application.When your order is filed, the clerk will set a date for a hearing on the motion, and stamp your originals and copies.You'll get copies of your records for yourself and your former spouse.
Step 14: Have your spouse serve you.
You have to deliver the motion to your former spouse to give them legal notice that you're trying to enforce the order.They will know when the hearing is scheduled.You can pay a small fee to have a sheriff's deputy deliver the court documents to your spouse.You have the option of mailing the documents using certified mail.The green card you get back in the mail is your proof of service.A written response from your former spouse isn't usually required.They only have to show up at the hearing.
Step 15: You should attend the hearing on your motion.
You have to explain the situation to the judge when you appear in court.The judge may dismiss your motion if you fail to show up.The judge will grant your motion if your former spouse doesn't show up.Bring your copy of your motion and proof of service with you to the hearing.You should bring a copy of your divorce decree and proof that your former spouse is making payments as ordered.You may have to wait awhile before you're called, because judges hear a lot of motions in a single day.When the judge calls your name, take a seat in the gallery.When the judge is ready to hear your motion, all you have to do is explain that your former spouse has not been paying alimony that was originally ordered.If your former spouse is present, the judge will give him or her an opportunity to speak, and may ask questions to determine the reason alimony isn't being paid.
Step 16: Receive an order from the judge.
After hearing from you and your former spouse, the judge will make a decision on how to enforce the order.When determining how to enforce an order, judges have a number of options to choose from.The easiest way to get alimony payments is if your former spouse gets a regular paycheck.The judge entered an order that will allow this.The court clerk will tell you how to start wage garnishment.The amount of your ex spouse's paychecks and their employer must be given to the court.If your former spouse fails to comply with court orders, he or she will be held in contempt and may face jail time, as well as significant fines.