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AttyCBradford
AttyCBradford, Lawyer
Category: Family Law
Satisfied Customers: 643
Experience:  Criminal Defense and Family Law Attorney serving California Statewide
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Hello again, I had asked this question and an out-of-state

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Hello again, I had asked this question and an out-of-state attorney answered it, but I am thinking the information he supplied was not accurate for California. Would you kindly take a look at my questions and his replies and provide any info that you see as inaccurate?

My question was about filing for alimony and if I could get it once a case number XXXXX been assigned. He made a comment about stretching it out for 2 years if I didnt respond, but I thought that in CA you only have 30 days in which you have to respond, so I am confused. He answered the following:

You can file for support without filing for divorce. In my experience as a Family Law attorney in PA, it is always more beneficial if the dependent spouse doesn't file the divorce and the bread-winning spouse does. Not filing for divorce gives the dependent spouse more time to collect alimony pendente lite (alimony during litigation) to level the playing field. In Pennsylvania, not filing allows you to collect longer because you can refuse to execute the paperwork and collect for up to 2 years rather than 90 days. Spousal support is a right in most states. You can file for it if you are living separate and apart and are the dependent spouse.
From what I understand about CA divorces, you do not need to respond to the divorce within 30 days, but you will need to accept service or be served.

AttyCBradford :

In CA the responding party would only have thirty days to respond to a dissolution action. To get alimony you would also have to file what is known as a Request for Order (FL-300) for spousal support. This would get you a hearing approximately one month after filing. Again you would serve this paperwork on the opposing party and if he/she wants to oppose it they have to file in writing an opposition 9 court days (excluding holidays and weekends) an opposition before the hearing. IN CA you CANNOT file for support without filing for divorce or legal separation as there would be no court proceeding to attach it too. The general rule in CA is that you get spousal support for 1/2 the length of the marriage if the marriage was under 10 years and for the remainder of your life until you remarry if the marriage was over 10 years.

AttyCBradford :

If I have answered all your questions please press accept and provide positive feedback. If you have additional questions please feel free to ask and I will respond promptly

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Customer: replied 4 years ago.

What is the usual wait time between the date I file my response to a petition to the court date (if it goes to trial)? (Im not talking about the date for the spousal support hearing)

If you are not in agreeance on the divorce the you would need to file an at issue memorandum and that would get you a trial. Depends on the back up in the court, but the minimum time you have to wait before the court will grant you a divorce in CA is 6 months
Customer: replied 4 years ago.

My husband has filed the divorce, and I will file a response, agreeing to the divorce, but I know it will be a contested one, since we will not be able to work out an agreement on most matters, hence I say it will likely get to a trial.


 


Thank you again, for all your helpful answers.

Best of Luck
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