How Long Before You Can Receive Spousal Support In A California Divorce?
This is a point that concerns many couples who are facing divorce proceedings in the State of California. The answer to how long you must wait for spousal support depends on understanding the distinction between temporary and permanent spousal support orders.
Extending the divorce petition
The divorce process in California starts with the serving of the petition. The spousal support request can be filed at the same time as the petition. The court generally issues a hearing date between 30 to 90 days of presenting the request. In some of the California counties, the parties presenting the petition can reserve a date in advance. In the rest of the counties, the clerk assigns a date that is available. The wait time until the requesting parties receive the hearing date depends on the family law judge, to whom the case is assigned. If the judge is busy, it might take longer than usual.
Once a hearing date is assigned and is served, the other spouse files and serves a declaration and finally the matter proceeds to the hearing. Spouses have the option of settling the spousal support matters before the hearing and also at the hearing.
Spousal support on temporary basis
This kind of support means the support that is extend by the spouse while the divorce proceedings are on and before it comes to an end. The spousal support request can be presented in the form of request to order, as mentioned earlier in the article. It is a pretty straightforward process and can be carried out along with the divorce proceedings.
Spousal support by judgment (permanent support)
Spousal support by judgment is not as straightforward as the support on temporary basis. It generally is a result of:
- A settlement
- A divorce trial
The settlement usually results in a stipulated judgment. If the support is contested and is moved to trial then the judge decides on the amount and the duration for which the spousal support is to be extended. The time taken to reach this judgment depends on:
- The duration of marriage
- Disputes regarding the finances of the spouse, or cases such as unemployment of spouse in which case it has to be decided if the other spouse should have their income attributed to the unemployed spouse
- The standard of living of the couple, during the duration of their marriage
- Other issues that can cause the divorce to take longer to wind up
In case of fewer disputes or no disputes at all, divorce proceedings can be concluded in less than six months. Otherwise, it may even take more than a year.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
Gerald A. Maggio is a trained Orange County divorce mediator who has amicably resolved cases many cases out of court, as well as an experienced divorce and family law attorney. Mr. Maggio founded California Divorce Mediators in 2012 with the belief that although “not every marriage can be saved, every family can” and a mission to save families from the financial and emotional distress associated with traditional divorce litigation. California Divorce Mediators is located in Irvine, California, and serves the Orange County area and other counties in California offering divorce mediation, child custody mediation and mediation of other family law matters.
