Divorce and Alimony

Question Details:

Married for 9 yrs; history of domestic violence resulting in jail time and anger management. I, the wife, am recovering from spinal surgery, have no job, no transportation, collecting unemployment, and living at a friends home. My husband has had the same job for 10 yrs, has a car, and an apartment. There are no children. What is the possibility of receiving spousal support from him when I file for divorce? Is there a document that I must file with the divorce docs? If so, what is it called?

Asked 10/10/2009 under Divorce, Marriage, Alimony | 264 View(s) | More Legal Topics

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Divorce, Marriage, Alimony Law Answers

Alimony (spousal support) is awarded based on one of the following situations:

  1. 1. A spouse lacks sufficient property to meet his/her reasonable needs;
  2. 2. A spouse must stay home with a young child and cannot support him/herself with reasonable employment;
  3. 3. A spouse supported his or her education; or
  4. 4. The marriage was lengthy and a spouse has little chance of finding employment.

The court considers the length of the marriage, the age of each spouse, health, employment, as well as the standard of living established during the marriage and other factors when establishing alimony.

You should have an attorney help you with all of this.  If money is an issue, see if you qualify for Legal Aid or see if they can recommend someone to help you.  Also, check if there is a law school nearby to where you live; they typically run free/low cost clinics that handle these type cases.  Contact the local Bar Association in your county; they may have a list of attorneys who will take your case "pro bono" (for free) or at least for a reduced fee based on your income/circumstances.  Additionally, google women's support groups in your area, they can usually provide a list of attorneys who can help. Finally, contact your state's Department of Social Services, they may be able to refer you to free legal services.

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