Getting Spousal Support with the Help of a Divorce Lawyer in Chino Hills
Spousal support is one of the elements of a divorce that come about for some divorcing couples. The main question, however, is how long it will take to get spousal support, especially when the receiving party may be depending on it. The answer to this question lies in what kind of spousal support is being received. Perhaps a temporary order is being issued or a judge issues a spousal support judgment.
Once it is understood the type of support that is to be received, the answer regarding the timeline becomes clearer. You can also talk to a divorce lawyer in Rancho Cucamonga, San Bernardino County (Inland Empire) who can immediately give you the answers that you are looking for. If you don’t already have a Chino Hills divorce lawyer, now is a good time to get one so that you can have someone advocating for your best interests.
Temporary Support Timeline
When temporary spousal support is ordered, it is support that is to be paid while the divorce is pending. In California, the divorce petition starts the process. Spousal support can be requested by filing a request for order. This can be filed with the divorce petition or at a later date. Once the order is filed, the court will establish a hearing date anywhere from one to three months away. How long it takes to get this hearing depends on the judge who will be hearing the case. Some judges are very busy.
Once the request for order has been given a hearing date and served, the spouse can file their response before the hearing date. It is possible for both parties to settle the spousal support matter before the hearing. Many couples do this and mutually agreeing to support simplifies the matter. Your divorce lawyer in Rancho Cucamonga will be there with you every step of the way, working to ensure everything moves as smoothly as possible.
At the hearing, the judge will make a spousal support order as long as the need has merit. If the temporary order needs to be modified during the divorce proceedings, it can if there is a good reason. It is possible that there will have to be a continuance, either by request or because there wasn’t enough time to hear the case.
Spousal Support by Judgment
Settlement is one way to reach an agreement or support can be ordered in a trial if support is contested. The judge will decide upon the amount and the length of time support needs to be paid. There are a number of factors that determine how long the process takes:
- How long the couple has been married
- Whether or not there are disputes regarding income
- Other issues that may be causing the case to take longer
- The standard of living
If there are no or few disputes, the matter can be resolved in less than six months. If there are a lot of disputes or other complexities in the case, the divorce proceedings can take longer than six months or even up to a year or more. With an experienced divorce lawyer in Claremont Ca working for you, you can receive the advice that you need to make informed decisions that can influence the speed of your case.