How Long Do I Have To Wait To Garner Spousal Support On A Temporary Basis?


spousal support, divorce, attorneys, san diego, lawyers

A temporary spousal support is the support received by the spouse while the divorce decision is pending and until it is conclusive in a court of law. The divorce process is preceded by a petition in California court. During the course of the petition or afterwards, a request for an order that solicits spousal support can be filed. After filing the request for an order, a court decides a hearing date, generally in the course of the next 2-3 months. However, the requesting party is allowed to reserve the date beforehand in some California counties; while in others, the clerks are requested to assign an available date. The hearing date for the spousal support request for the order depends on the family law judge. Some judges tend to be busier than others and the case may be protracted accordingly.

Once the judge assigns a hearing date to the request for an order, the other spouse is allowed to file and serve a responsive declaration before the matter proceeds for hearing. In an amenable situation, both the parties can resolve the spousal support issues at the hearing or even before the hearing.

During the hearing, the judge can only reach a spousal support order if the facts merit one. While the divorce is pending, temporary orders can be modified on solid legal grounds. Continuance is also something that can happen at a hearing and occurs for a variety of reasons, the most common being:

  • Starting a hearing but not being able to conclude.
  • Inability to commence a hearing due to other pertinent and more important matters, such as child custody matters or domestic violence.
  • One of the spouses requests a continuance. However, just because a person asks for a continuance, doesn’t mean they would be allowed one.
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