Alimony "pendente lite" is paid until a couple finalizes their divorce.After the judge approves the divorce, temporary alimony may be replaced with permanent alimony.You need to file a motion in order to get temporary alimony.It is possible that you will have to give detailed information about your finances and expenses.You could reach a voluntary agreement with your spouse.
Step 1: How much money do you need?
If you reach a voluntary agreement with your spouse, you can get temporary alimony.If you want to support yourself, you should calculate how much alimony you will need.Go through your finances.You may be responsible for paying the mortgage or rent if you intend to stay in the house.Food, clothing, educational expenses, medical care, and other living expenses can be calculated.
Step 2: Understand your state's alimony laws.
If you want to know how much temporary alimony you could get from a court, you should try to get a sense of it.Many courts use a formula to calculate temporary alimony.You don't have to ask your spouse for less than a court can give you.You can read about it on the internet.Attorneys talk about the formula your state uses.The courts in California will calculate temporary alimony this way, taking 40% of the amount made by your spouse and 50% of how much you make.If your spouse makes $100,000 and you make $30,000, the court will take 40% and deduct 50%.You would get alimony for a year.
Step 3: Think about hiring a lawyer.
It could be worth a lot of money.If you don't apply for temporary alimony, you'll leave a lot of money on the table, and a divorce could take a year or more.You should consider hiring an attorney to file for alimony on your behalf.If you want to get a referral to an attorney, contact your state or local bar association.You can schedule a consultation when you have the name of someone.Ask how much the attorney charges.The attorney can give an estimate of how much alimony you can get if they know how judges calculate it.
Step 4: You should talk to your spouse.
If you are on good terms with your spouse, you could schedule a time to talk and discuss temporary alimony.If you ask the court for temporary alimony, you can get your paperwork in order and show your spouse how much they would have to pay.You could say, "Geoff, I want to talk about getting spousal support for the duration of our divorce proceeding."I have to pay my mortgage as well as my classes this semester because I am home alone.In some states, couples who are divorcing must take mandatory mediation.In mediation, you and your spouse meet with a neutral third party, who tries to help you come to an agreement on issues.You could tell the mediation person that you want temporary alimony.At one of your mediation sessions you can discuss the issue.
Step 5: A written agreement is a must.
If you reach an agreement, write it down.Both spouses should sign it.The written agreement can serve as a contract between you and your spouse.The amount you get paid each month should be in the agreement.Until the marriage is dissolved, how long the temporary alimony will last.The date you are paid.Direct deposit, check in the mail, wage garnishment are some of the methods of payment.
Step 6: The judge has to approve it.
Submitting a written agreement to the judge for his or her signature can turn it into a court order.If there is a self-help center in the court, you should check it out.If you fill out a blank motion form, you can submit a stipulation.Tell us that you and your spouse have an agreement on temporary alimony.The motion and written agreement can be submitted by the clerk to the judge.You should ask the clerk to file the original after the judge signs the agreement.You can make copies of the agreement with your spouse.
Step 7: You can get documentation of your income.
You will have to give the court documents that show your income.Ahead of time, you should gather these documents.You need a W-2 form to show your tax returns.
Step 8: You should document your expenses.
You may have to give the court copies of any bills that you want your spouse to pay during the divorce proceeding.You could give the court copies of the following: mortgage or rent payment, health insurance premiums, extraordinary medical expenses, and other monthly living expenses.
Step 9: Obtain an application.
To apply for temporary alimony, you will have to fill out a number of forms.There are different forms that you need to fill out.You can get the forms if you stop into your local courthouse and tell the clerk you want to apply for temporary alimony.If you win, you will have to fill out an application, called a petition or motion, which explains in detail your monthly income and expenses and a proposed order which the judge signs.
Step 10: Go ahead and complete the application.
If possible, use a typewriter to complete the forms.PDF documents can be downloaded for some forms.It is possible to insert the information into the form before printing it off.
Step 11: The application and paperwork must be submitted.
Make several copies of the forms and keep one for your records.All copies should be taken to the court clerk.The original should be asked to be filed.The filing date is stamped by the clerk.Depending on the court, you will have to pay a filing fee.You can ask for a fee waiver if you can't afford it.
Step 12: You can schedule a hearing.
You will need to schedule a hearing with the court clerk.You should be able to write in the date and time of the hearing on the motion form.You can fill out a separate Notice of Motion form if the court doesn't have it.Each court has a different way of scheduling hearings.The court clerk can help you schedule a hearing.
Step 13: You can give your spouse a copy of the papers.
You have to tell your spouse that you're applying for alimony.A copy of your paperwork can be sent to your spouse.If he or she has an attorney, serve the copies on him or her.You can either mail the papers or have them delivered.Delivery should be made by someone 18 or older who is not a party to the lawsuit.A proof of service form can be obtained from the clerk.The server signs the form and returns it to you.You should keep a copy of your records and file the original with the court.
Step 14: Read your spouse's response.
If your spouse doesn't agree with paying temporary alimony, he or she can file a written response.If you have a lawyer, it should be mailed to you.
Step 15: It is appropriate to dress appropriately.
It's important that you don't look good in the hearing.If you wear a three-piece suit or expensive jewelry, you signal to the judge that you don't need the money.You should look neat, but not professional.Business casual is best.Business casual means dress pants and a shirt with a tie for men.Wear dark socks and dress shoes.Business casual means a shirt or slacks with a nice blouse or sweater for women.It is important for women to be fit.The skirts should not be too short.Although you do not want to dress up, you also don't like to look casual.Insulting to the judge is appearing in pajamas, belly shirts, shorts, or tight clothing.
Step 16: Arrive early.
You should get plenty of time to find parking and go through security at the courthouse.You need to get to the courthouse at least fifteen minutes before your hearing.Before entering the courtroom, turn off your cell phone and any other electronic devices.When your case is called, you can sit quietly and review your paperwork.You should bring a copy of everything you've filed so far.
Step 17: You can present your case to the judge.
You should be allowed to go first by the judge.Explain why you need temporary alimony and discuss any expenses you have listed.If you want to go back to school during the divorce process, you need to tell the judge why.Don't interrupt the judge's questions.Say so if you don't understand a question.
Step 18: Listen to your spouse.
Your spouse will argue why the judge shouldn't award temporary alimony.As your spouse talks, you have to listen quietly.You can't ask to speak or interrupt.When your spouse is done, you should be given a chance to respond.You should write down your spouse's statements on a piece of paper.When your spouse finishes talking, you can ask the judge, "Your Honor, may I respond?"
Step 19: Receive the judge's order.
After hearing all the evidence, the judge should decide whether to award temporary alimony.If you win, you will have to draft the order.As part of your initial paperwork to file, the court may have given you a proposed order form.The judge will sign the order if that is the case.The judge can make handwritten changes to your proposed order before signing it.