Home > Research Legal Advice > Alimony > I am trying to seek legal advice on filing an emergency for spousal supp...
Asked 12 months ago - Temecula, CA
FlagI have been married 13 yrs we seperated Nov 25.2011 and I have not recieved a dime from my husband. He filed for divorce On June 25.2012 but yet been served. I did not realize I could file for an emergency hearing for spousal support. I have been told so many answers I want to make sure I process the paper work correctly so I get what I feel I am intitled to! Of course he feels nothing due a rocky marriage. Yes we have 1 child together but my mom has legal guardinship of him. They are saying I could be granted a court date the next day but how I am going to prove what he makes finically. On the paperwork I have it says to serve him with a finicial and expense documents. how can it be an emergcy hearing such as the court told we the following day and how will I prove what he is making
You really should meet with an attorney who can discuss all of this with you. You’ve asked too many questions to get what you need here on Avvo. Maybe this will help:
http://www.courtinfo.ca.gov/selfhelp/family/sup...
Best of luck to you.
Attorney Rebekah Ryan Main
If you found this answer helpful, let me know by clicking the "Mark as Helpful" button at the bottom of this answer. It’s easy and appreciated.
This response is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship and does not create a right to continuing email exchanges. We can be visited on the web at www.Main-Law.com or call 909-891-0906.
You need to consult with a family law attorney or the court facilitator if you cannot afford one.
Emergency hearings are for emergencies. You separated in November; he filed for divorce in June. It does not appear that there is any emergency. The court would want to know how you have managed since November.
The court usually does not consider financial issues emergencies even though we might think they are. Emergencies are usually because of some violence.
There is no "emergency" under the law which would enable a judge to issue spousal support orders on an ex parte basis. Please speak to an attorney before you jump the gun to avoid making mistake which will simply hurt your overall case. In the meantime, I am including some links below which you may find helpful. Good luck.
Don't speak legalese? We define thousands of terms in plain English.
Browse our legal dictionary