2 Ways to Establish a California Divorce Spousal Support Order
When navigating the complexities of divorce, one of the most pressing concerns can be spousal support. In California, establishing a spousal support order can be done efficiently through two primary methods. Understanding these options can help you make informed decisions during this challenging time.
Option 1: Stipulation and Order
The first and most straightforward method to establish a spousal support order is through a stipulation and order. This approach is ideal when both spouses are in agreement about the amount of support needed.
Here’s how it works: You and your spouse can sit down with a qualified professional, such as a divorce attorney or a mediator. Together, you will review the numbers using the DissoMaster, a tool used in California to calculate spousal support based on various factors. This process allows both parties to see how the calculations are made and to come to a mutual understanding of what is fair.
Once you’ve agreed on the amount, a document called a stipulation and order is drafted. This document outlines the agreed-upon spousal support amount and is signed by both parties. After submission to the court, the judge will review and sign the order, making it an interim order until the final divorce judgment is issued.
This method is often preferred due to its simplicity and the cooperative nature of the process. It allows both parties to have a say in the outcome and can help maintain a more amicable relationship moving forward.
Option 2: Request for Order
What happens if you and your spouse cannot agree on the spousal support amount? In such cases, the second option is to file a Request for Order (RFO). This process is more formal and involves the court directly determining the amount of support.
The Request for Order, formerly known as an Order to Show Cause, is a motion that you file with the court. This document outlines your request for temporary spousal support and provides the necessary details, including your financial situation and any other relevant factors. Once filed, you will receive a court date.
During the court hearing, both parties will present their arguments and evidence regarding the spousal support. The judge will then make a determination based on the information presented, establishing a temporary order for spousal support until the final divorce judgment is made.
This option is typically necessary when there is a significant disagreement on the amount of support. While it can be more contentious than the stipulation method, it ensures that the matter is resolved through legal channels, providing a clear ruling from the court.
Our Services
At Divorce661, we specialize in both methods of establishing a spousal support order. Whether you need assistance drafting a stipulation and order or require representation in court for a Request for Order, we are here to help. Our full-service divorce firm operates throughout California and is well-versed in the intricacies of family law.
If you find yourself needing guidance on establishing a spousal support order, don’t hesitate to reach out. We can help you navigate the legal landscape and ensure that your rights are protected during this process.
Contact Us
For more personalized assistance, feel free to contact me directly at (661) 281-0266. Alternatively, you can visit our website at Divorce661 for more information about our services and how we can assist you.
Remember, understanding your options is key to effectively managing your divorce and securing the support you need.
