I apologize for the delay in getting back to you. I was out of the office yesterday.
Thanks for the information, but you still haven't told me what you need to know. So all I can do is give you information I believe might assist you.
In order to force your spouse to relocate from the marital home, or to pay spousal support
to you, it will be necessary for one of you to file for divorce. After doing that, you will want to ask the court to set what is known as a Temporary Hearing. A temporary hearing is a court proceeding held soon after the filing of a divorce action and allows the parties to ask the court to issue orders affecting the other party that will remain in effect, typically until at least the time of the divorce decree.
At that hearing you may ask the judge to order your spouse to move from the marital home, as well as for an order that your spouse pay you spousal support/alimony
, until at least the entry of the divorce decree.
This is a very critical hearing to ask for. This hearing is not automatic, and if you do not request it, it may never be held. Another important thing to consider is having a local Family Law
attorney assist you at this hearing. What occurs at the Temporary Hearing often signals what will happen after the divorce, both in terms of child custody
and child support
as well as spousal support. It is important for your future that you do well at the Temporary Hearing.
Based on the limited number of years you have been married, on your disabilities and based on the difference in your respective incomes, it is likely that you will qualify for spousal support, for at least a period of time following the issuance of the divorce decree.
Issues the court will generally look at in determining spousal support include:
1. The present respective incomes of the parties;
2. The education levels and earning capacities of the parties;
3. The ages and the physical, mental and emotional conditions of the parties;
4. The duration of the marriage
5. Whether either party will be caring for children of the marriage;
6. The standard of living established during the marriage.
While the amount of spousal support you might be awarded can be virtually impossible to determine based on the facts you have provided, when spousal support is awarded in similar situations it generally amounts to 15% to 25% of the higher earning spouse's income. The duration of spousal support often runs approximately 50% the number of years of the marriage. In long term marriages of 10 years and longer, spousal support can be made permanent by the court---terminating usually on the remarriage
of the receiving party or upon their cohabitation
with a new partner.
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I wish you and yours the best in 2015,