How To Receive Alimony or Spousal Support Before Your Divorce
Spousal support is often given to a spouse who makes less money.It may be given for many years or just a short time until the spouse is able to get retraining or a job to be more financially secure.Since divorce proceedings can take a long time and cause a lot of stress, it's usually easier for the parties to separate.Spousal support makes it possible to move out and live in a safe environment.With or without hiring a lawyer, you can find out how to get alimony before your divorce.
Step 1: Before the separation, list the household budget.
Both your and your spouse's income and expenses will be included.Be sure to keep your joint debts and assets separate.They are listed and noted as such.It will help you and the court to know all of the assets, income, and liabilities there are to work with and remind you to take care of those joint items.
Step 2: Take a look at a post-separation household budget.
You will need realistic income and expenses going forward.You may want to consider selling some assets.To get a realistic idea of what the new payment amounts are likely to be, you should speak with a financial consultant.
Step 3: Determine how much you need to get back into the workplace.
If you were a stay-at- home spouse or did not pursue business opportunities because of the marriage, you may be able to get money to help you get training to re-enter the workplace or enhance your skills to increase your chances of promotion.List out the costs of training, including books, tuition, transportation, and living expenses.
Step 4: Consider hiring an attorney.
Family law is very complex.Judges have great latitude for discretion, as many different things are likely to impact your case.If you can afford an attorney who knows what your judge favors and what you don't, you should hire one.See how to find a good attorney.If you can't afford a full-service attorney, some attorneys will give limited services to you, such as preparing documents, teaching you the law, and coaching you through the process.
Step 5: You should read your state's statutes.
You can find a link to the statutes of your state on the website.There are statutes dealing with alimony and support.Domestic relations, divorce, or support will usually be found in a chapter.The types of support available in your state can be found in the statutes.A strict formula is rarely used to calculate alimony.The judge uses discretion to determine how each factor impacts the need for and ability to pay alimony.The contributions of each spouse to the marriage, both financial and non-financial, the absent time period from the job market, and the tax consequences related to alimony are some of the factors commonly included.
Step 6: You can find case law in your state.
Statutes often need to be further defined.When cases come before courts, they make these definitions.You can use the case law database to search for key phrases to see how courts in your jurisdiction are interpreting each factor.
Step 7: The agreement should be written in writing.
If you and your spouse agree to the terms of a separation without divorce, you should have the agreement written and signed by a public official.If you want your separation agreement to be valid in your state, you need to hire an attorney to create it.You can usually find those laws in the same statutes.
Step 8: Do you need to formalize your separation through the courts?
A postnuptial or separation agreement that is not endorsed by the court can't be enforced by contempt of court actions.If you want a judge to dictate the terms of the agreement, you need to file with the courts.
Step 9: Find the appropriate court.
A description of the state court system should be on the website of your state's highest court.The family court or the court of general jurisdiction can be found in your state.You can find the court of the same name in your local county or parish.You will need to file a separation action in the county in which you or your spouse live in order to get alimony.
Step 10: You must locate and complete the forms.
Pre-prepared forms are provided by most states.These can be found on the website of your local court or your state's highest court.You can get help completing forms at your local self-help center.Some states give an online program that creates tailored documents.You will probably need a petition for divorce or a motion for temporary alimony.
Step 11: Prepare for filing.
You will need to sign the forms once they have been completed.Any forms that have a block on them will need to be signed.Two copies of all the documents are needed.
Step 12: Don't forget to file your documents.
The original documents should be given to the clerk of the court.Unless you apply for a waiver, you will be charged a filing fee.The clerk can stamp your copies with the filing date.The clerk will return your summons or citation.
Step 13: You should serve the other party.
When you file your documents, ask the clerk to sign it.You have to make a copy of the citation for your records.Attach the original summons or citation to the copy of the documents for the other parent.The documents must be received by the other party within 90 to 120 days after you file your case.Civil procedural rules in your state can help you find acceptable methods of service.Some of the following are included.You can pay the sheriff's office to serve them if you want.They can be served by a private process server.You can use the civil procedural rules to serve a friend or relative who is not involved in the case.This person will need to complete a Return or Proof of Service as well as testify as to how they served the documents.
Step 14: Wait for the answer.
In most states, the other party has at most 21 or 30 days to respond to the petition.If you don't receive a copy of the answer, you should call the clerk and ask if it has been received.If no answer was filed, you should file for a Default Judgment.
Step 15: Take part in discovery.
In order to support your case in court, you'll need to gather information.You can learn about discovery techniques and processes in your state by reading the civil procedural rules.Most states allow you to: Require the other party or other potential witnesses to provide you with copies of documents and to answer questions under oath.Require the other party to undergo psychological/psychiatric or Vocational testing or an evaluation by a professional to determine certain issues regarding alimony (such as ability to work or be rehabilitated) and make a recommendation to the court.
Step 16: You should make disclosures.
You should request the same disclosures from the other party if they are not made voluntarily.If the other party objects to their use, you may not be able to present them at your hearing.Financial affidavits, lists of people expected to testify at trial, and information about Exhibits you intend to present at the trial are some of the disclosures.
Step 17: The Rules of Evidence can be found in your state.
You need to be sure you understand them.It's worth paying an attorney for help if you have questions about them.
Step 18: You can participate in mediation.
The judge can order mediation without a request from either party.If the court believes there is risk to either party or mediation will be pointless, they can excuse a case from mediation.A neutral third party tries to bring the parties together.The mediation doesn't make any decisions so there is no need for evidence.The goal is for both parties to compromise so that the issues can be settled without a trial.In most states, mediation statements can't be used in court if the mediation was successful.The court in some states will get a recommendation from the mediator on how to rule on the issues.You need to be aware of how mediation is treated in your state.If mediation is successful, the mediator will usually prepare the proper documents, obtain the signature of each party, and submit the documents to the court.The parties will go to court if mediation fails.
Step 19: You can schedule your hearing.
You can schedule your hearing by contacting the court clerk.You should be able to give an estimate to him.The clerk may schedule you for a scheduling conference or hearing during which time the judge will ask questions to make sure all issues are ready for trial and to determine how much time will be needed for the hearing.You need to give notice of the hearing to other parties.If your court provides a form for this, you can either send a letter to the other party or prepare a Notice of Hearing.Any subpoenas needed for witnesses should be issued.The judge who will preside over the hearing should be listed in your Notice of Hearing.
Step 20: It's appropriate to dress appropriately for hearing.
You should be dressed nicely on the day of your hearing.You should wear a suit if you can.Clean clothes that are suitable for the office are acceptable if not.If you only wear jeans, make sure they are in good shape.Do not wear shorts, tank tops and miniskirts.
Step 21: Be courteous at your hearing.
Arrive on time.Speak to the judge, not the opposing party or their attorney.Stand when speaking if you want to address the judge with respect.The case will likely proceed as follows, though this can vary under some circumstances: the opening statements of the witnesses and the cross examined witnessesThe witnesses were called by the Respondent.A summary of the trial and arguments as to why the judge should rule in the petitioner's favor are the closing arguments.
Step 22: If tasked, prepare the order.
The prevailing party is usually tasked with preparing any orders after the judge's ruling.The judge may use the proposed orders if you submitted them earlier.There may be stacks of blank orders on the bench that the judge fills out and signs.You can locate the appropriate order form from the link above.The order needs to be completed.Make two copies.The original should be filed with the court.Send it to the other party.You should keep the other copy for your records.You can get a copy of the signed order from the clerk after the judge signs it.An adverse judgement can be appealed.You have 30 days to file a notice of appeal if you disagree with the judge.Check your state's rules of appellate procedure for these deadlines.