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I filed for an uncontested divorce in CA. Can my wife qualify for spousal support after a year of being married?
Long Beach, CA
Viewed 18 times.
Posted 27 days ago in Divorce / Separation
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we have no debts, bills, property together.
she has two children from previous marriages and she collects disability for herself and SS for both of her children due to medical conditions. Answers (1)Diana Lucia Martinez
This attorney is licensed in California.
Posted 25 days ago.
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Spousal support is the least predictable issue in a divorce case. The reason is that there is no formula that the court can apply, like for child support. If she is seeking spousal support and you are asking that the court order no spousal support, your uncontested divorce will not become a contested divorce on that issue. Your options are to try and resolve the issue together, with the aid of a neutral third party (mediator), or allow the court to decide for you. The factors that the court will consider include length of the marriage (if married less than 10 years, the court may order support, usually up to half the duration of the marriage; shorter term may make it more difficult to get support), the standard of living during marriage, the payor spouse's ability to pay and the receiving spouse's ability to work, the distribution of assets and debts, and a number of other considerations. Because it is a short term marriage (under 10 years), you will not likely have to pay support, if at all, for very long. If you and she can resolve the issue on your own, or with the assistance of a mediator, your divorce can sail through as uncontested.
Good luck to you both. |