Can one request for maintenance during a legal separation or during the process of filing a legal separation?
2007-12-01 09:16:35 · 5 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
I'm in California.
2007-12-01 09:24:37 · update #1
Yes you can ask, whether it is granted will depend on state law and if your attorney can negotiate with the other attorney to get it or ask a judge to rule on it. Definitely ask your attorney. Also search to see if your state has a family law website that has info on the separation and divorce laws.
Edit: there are two kinds of spousal support - that which you may get while separated, it's temporary and you get it because you are still married but living apart (thereby needing to share income under the law since you aren't divorced). Then there is alimony/maintenance which you can get after the divorce is finalized, usually for a set period of time, sometimes with certain stipulations. Rules for both would be dictated by your state law. You usually only get alimony though if you were married a long time (more than 10 years) and gave up your career to stay at home with the kids and you need financial support to get back on your feet.
2007-12-01 09:22:09 · answer #1 · answered by Jen70 3 · 1⤊ 0⤋
Ask your attorney.
Don't you people know that laws very from state to state? How can anyone answer a legal question without the poster at least designating the state the legal issue occurs in?
2007-12-01 17:21:31 · answer #2 · answered by box of rain 7 · 1⤊ 0⤋
Yes you can request it, however it depends on the state laws and the judge. If your soon to be ex isn't willing to help now you may have to fight for it if it's even available to you in your state. Also depending on if you were working during the marriage and who left and what not it can get complicated. Good luck.
2007-12-01 17:34:09 · answer #3 · answered by Nasra 2 · 0⤊ 0⤋
If you mean spousal support....yes. But, there is a limit to the number of years you can receive it in most states because the Judge will expect you to be responsible and eventually stand on your own two feet unless you have a serious medical problem.
2007-12-01 17:22:47 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Hiring a lawyer for minor legal problems can be expensive, but there are websites like LawGuru, FindLaw and other places where you can get free legal advice. I found this website useful - http://www.uelp.org/freelegal.html
2007-12-03 05:48:16 · answer #5 · answered by Anonymous · 0⤊ 0⤋