Kevin Qualls Family Law
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How do you ask for a spousal support order in divorce?

Divorce is not just about two people moving on with their lives. There are also financial issues and concerns, such as property division, child support payments and child custody. One financial aspect of divorce that a spouse needs to keep in mind is payment of spousal support or alimony. Everywhere in the country, including here in California, a spouse can ask for spousal support when the divorce case is filed. Temporary spousal support orders can be filed even when an individual is awaiting a final divorce decree.

In order to get the ball rolling, an individual must request a court order. The process of doing this depends on whether the individual has a family court case pending or is just starting a case. The court's family law facilitator may help the individual with all of the relevant paperwork. The individual may try to complete the paperwork on their own but before doing it is better to find out if help is available or not.

The Request for Order form has several checkboxes that need to be filled out. After the form has been filled out by the court clerk, the individual asking for the form will get it back with a court date. The individual must ensure that the payer receives the court order and the other relevant divorce forms. This means that all copies of the order must be served to the other spouse.

If a spouse has completed an Income and Expense declaration form, a blank copy of this must be given to the other party. The other party must be served with all of the relevant forms at least two weeks before the divorce hearing. If the papers are being served by mail, then five days must be allowed for this.

Divorce can be an intricate legal process and people dealing with any divorce issue have to thoroughly understand all applicable laws and procedures.

Source: California Courts, "Asking for a Spousal/Partner Support Order," Accessed on March 30, 2015

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