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A judge is likely to order you or your spouse to pay alimony, but alimony is easy to understand
Yes, ending a marriage is challenging for both spouses. It involves not only emotional stress, but also dealing with numerous legal processes. But we're here to help! It's great to have a family law attorney helping guide you through this process. Spouses are equal in terms of their rights in divorce. Either spouse can file for a divorce and receive alimony (spousal support). The general rule is that a spouse who earned less is entitled to alimony. Alimony or spousal support (spousal maintenance) means one spouse makes payments to another after or during a divorce. The purpose of alimony is to ensure that both spouses can meet their financial needs and maintain the level of living established during the marriage. The vast majority of states' alimony laws are gender-neutral, which means that both men and women can be ordered to pay alimony. Statistically, the majority of alimony’s recipients are women (around 97%). However, the percentage of men awarded alimony is increasing. Alimony is either paid under a court order or as part of the couple's divorce agreement. Not every divorce faces the issue of spousal maintenance. A judge orders alimony in approximately 10% of divorce cases. Judges make their decisions on a case-by-case basis, carefully studying aspects such as: Spouses' income, expenses, and liabilitiesThe length of the marriageEach spouse's age and health The economic and non-economic contributions that each spouse made to the marriage Any economic opportunities lost due to the marriage, or other aspects that a judge believes to be relevantA judge is unlikely to order alimony if: The marriage lasted less than two or three years Both spouses are employed or self-sufficientA judge is likely to order alimony if: One of the spouses is unable to reasonably maintain the long-term standard of living established in the marriage on their ownThe lower-earning spouse postponed or passed up career opportunities to support the family One of the spouses made significant contributions to the other spouse's overall earning potential Alimony is calculated in each state and each divorce case differently. If you want to understand the approximate amount of alimony that could be payable in your case, you can search for alimony calculators on the internet. Alimony is usually paid periodically, with a set amount paid each month. However, judges sometimes order a spouse to pay a lump sum to the other spouse. Generally, alimony is paid periodically until a fixed date, but alimony payments can also be indefinite. Please note that you don't have to wait for a judge to order alimony. If you and your spouse agree that you need alimony and are ready to decide on its amount and other relevant conditions, then you can enter the alimony into a settlement agreement that will become part of the divorce decree or judgment. If you and your spouse are willing to get divorced and ready to agree on all divorce issues, you can file for an uncontested divorce and do not need to litigate. Otherwise, a court will step in and help you decide on divorce issues. Such a type of divorce is called contested. Generally, the process for an uncontested divorce differs from the process for a contested one. However they both include the same steps. To get a divorce, you should: Check if you satisfy the residency requirements of a state where you file for a divorceGet an index number (number of your divorce case) and pay the filing fee Understand what type of divorce you will file for (uncontested or contested)One spouse files a Petition for divorce (this spouse is called the petitioner) and necessary court forms for a petitioner that can be obtained from a court's website or from the courtA summons and a petition should be served (delivered) on the other spouse (this spouse is called the respondent) Respondent files an Answer to a petition and other court forms for a respondent that may be necessarySpouses complete and exchange Financial disclosures, documents that include information about each spouse's financial situation during divorce proceedingsSpouses also engage in Divorce discovery, a legal process that allows the spouses to request information from each other formally and third-party witnesses (for example, written questions, subpoenas, and depositions)If you and your spouse agree on divorce issues (including alimony) by yourself, you can file it with a court in the form of a Settlement Agreement to your divorce application and ask the court to approve itAttend a court trial (if you and your spouse haven’t reached agreement on divorce issues, litigation is necessary) You can try to find common ground with your spouse through any step of the divorce process. You can also try mediation to agree on divorce issues. If you are able to agree, the divorce process will be easier and less expensive You have a possibility to appeal a court's decision on your divorce case Get a Judgment of Divorce signed by a judge. This document officially ends your marriage Since divorce is about making important financial decisions that will affect your family and financial future, we advise you to think about contacting a divorce lawyer. Hiring a lawyer reduces stress, helps you achieve a better outcome, and mitigates further litigation risks.
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