When filing for divorce, you may be wondering if you will be getting financial support from your spouse, especially if you have children. To reach your goals, it is important to understand the spousal support process in Hamilton County before going forward with your claim. A skilled alimony attorney could help you streamline the process and minimize stress as much as possible.
The state requires a statutory injunction to be filed with every divorce complaint, which states the other spouse is precluded by an order from depriving the economically inferior spouse of living expenses.
Both parties are required to file an income expense statement and attend a court hearing before the judge. At that hearing, a judge decides whether or not to award alimony to the spouse.
To get the spousal support an individual needs to support themselves and their children, they must have evidence. Some of that evidence includes their education, their employment history, and their health status, all of which the paying spouse must provide as well.
In cases involving cruelty or adultery, plaintiffs often have unrealistic expectations about how important the information will be to a judge. However, the only time those factors are considered is when it has an impact on the financial picture of the couple. For example, although someone may have committed adultery, that on its own may not be likely to sway a judge one way or another.
If the spouse that has committed adultery has spent money on the paramour and has depleted the marital state in pursuit of that adulterous relationship, that may be more influential. Regardless, a skilled attorney could work closely with a plaintiff to help manage their expectations but still reach their goals.
When trying to win spousal support in Hamilton County, it is crucial to remain honest and transparent throughout the process. Behaviors including hiding money, transferring money between accounts, and dissipating assets could be extremely harmful to the case and could keep an individual from reaching their goal. For example, if a spouse has significant assets they have been using for their own benefit, particularly after the divorce is filed, they are committing a violation of that statutory injunction.
Additionally, the spouse filing for spousal support should follow the advice and guidance of their attorney, as not using the advice could lead the individual to an unsuccessful case.
There are many factors that go into filing for alimony. If you are seeking spousal support, you must first understand the process in Hamilton County to reach your goals and get the financial assistance you deserve.
An experienced attorney could help you manage your expectations and put forward evidence to properly mediate with your former spouse and a court. Call to schedule an appointment today.