A spousal support lawyer may be able to assist you with obtaining temporary spousal support while your divorce case is pending. Temporary spousal support will allow you to maintain the same kind of lifestyle that you maintained over the course of your marriage and will last until your divorce case concludes. Other types of alimony, including long-term and permanent alimony, are also available in the State of California. This depends upon:
- the nature and circumstances of your case,
- each spouse's job and income level,
- career advancement opportunities, and
- other considerations.
If you are currently at the beginning of divorce proceedings in California, you should consider retaining legal counsel.
Petition for Divorce
In the State of California, the divorce process begins with filing a divorce petition. Once the divorce petition has been filed with the Court, it must then be served on the opposing side. A spouse can request an order for support at the time of filing the divorce petition, or at any time thereafter. Once those documents have been filed, the Clerk of the Court will usually set in a hearing date. The hearing date depends largely upon the court’s docket and the judges’ schedules. Hearing dates are usually set in between 30 and 90 days from the date of filing the divorce petition with the Court.
Spousal Support by Judgment
A spousal support judgment usually comes about by either a settlement or a California divorce trial. If the parties reach an agreement on spousal support and other issues, then that agreement is incorporated into a judgment. In the case of a divorce trial, a judge makes the final decision on spousal support, as well as the amount and duration of the support. The duration of the entire process depends upon several factors, which include the following:
- Duration of the spouses’ marriage
- Number of disputed issues relating to income and employment
- The parties’ standard of living prior to the breakdown of the marriage
- Other pending issues in the case, including child custody, visitation, or marital property disputes that would make the case last longer anyway.
It is important to note that the length of a divorce case depends primarily on the number of issues that the parties are disputing. If the parties are only disputing a few issues, then the case could conclude in six months or less. However, if the number of disputed issues is much higher, the case will last much longer.
Modification of Support
California support modification decisions are made based upon material changes in circumstance. The spouse who is requesting the support modification must file a "Request for Modification Order." The court will subsequently set in a hearing date on the request.
Contact a Fresno Spousal Support Lawyer Today to Discuss Your Case
Long-term and temporary spousal support are important issues in any divorce case. An experienced Fresno spousal support lawyer may be able to help streamline the process for you. He can also represent you during negotiations and litigate for you in court, if necessary. Call Rick Banks Law at (559)222-4891
for a free initial consultation.