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 get 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 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.
Your and your spouse's income and expenses will be included.Be sure to keep your joint debts and assets separate.Both names 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 might 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: You should consider hiring an attorney.
Family law is very detailed.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: Take a look at your state's statutes.
You can usually find a link to the statutes of your state on the website.There are statutes dealing with alimony.Domestic relations, divorce, and support are usually found in a chapter.The types of support available in your state, as well as the requirements for having that support ordered, can be found in these statutes.Alimony is calculated on a formula.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 search case law in your state.
Statutes need to be further defined frequently.When cases come before the 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: Any 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 should hire an attorney to create it.You can usually find those laws in the same statutes.
Step 8: Decide if you need to go through the courts.
A postnuptial or separation agreement that is not endorsed by the court can only be enforced as a contract.If you want a judge to dictate the terms of the agreement, you will need to file with the courts.
Step 9: Find the appropriate court.
There should be a description of the state court system on the website of your state's highest court.You can find the family court or the court of general jurisdiction in your state.You can find the court of the same name in your 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 should 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.At your local self-help center, you can get assistance finding and completing forms.Some states offer an online program that creates tailored documents.You will probably need a petition for divorce or a motion for temporary alimony.
Step 11: Prepare to file.
You will need to sign the forms once they have been completed.The forms that have a block on them will need to be signed.Make two copies of all the documents.
Step 12: Don't forget to file your documents.
The clerk of the court will hear your case if you give the original set of documents.Unless you apply for a waiver, you will be charged a filing fee.The clerk will stamp your copies with the filing date.The clerk will return the summons or citation to you.
Step 13: The other party should be served.
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 other parent's copy of the documents.The documents must be received by the other party within 90 to 120 days after you file your case.You can find acceptable methods by reading your state's civil procedural rules.Some of the following are included.You can pay the sheriff's office to serve them if they include you delivering them.They can be served by a private process server.You can serve someone by using a method listed in the civil procedural rules.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 an answer.
The other party has 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: You can participate in discovery.
In order to support your case in court, you will 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, make items or property available for inspection, and 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 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 that may be included.
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.
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 to an agreement.The mediation doesn't make any decisions so there is no need to bring 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 as to how the court should rule on the issues.You should be aware of how mediation is treated in your state.If mediation is successful, the mediator will usually prepare the proper documents, get the signature of each party, and submit the documents to the court.The parties will go to court if mediation is unsuccessful.
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.During a scheduling conference or hearing, 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 prepare a Notice of Hearing or send a letter to the other party.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 for your hearing.
You should be dressed respectfully 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 clean and in good shape.Do not wear shorts, tank tops, and miniskirts.
Step 21: Be courteous at your hearing.
Arrive early.Speak to the judge, not the opposing party or their attorney.Stand when speaking and 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 witnesses.The witnesses were cross examined by the petitioner.The closing arguments are summaries of the trial and arguments as to why the judge should rule in the petitioner's favor.
Step 22: If tasked, prepare the order.
Any orders are usually prepared by the prevailing party after the judge's ruling.The judge may use proposed orders if you submitted them earlier.The judge may have stacks of blank orders on the bench that he fills out and signs while making a ruling.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.A copy should be sent 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 once 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's ruling.Check your state's rules of appellate procedure for these deadlines.