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Temporary and Permanent Spousal Support Orders

On Behalf of | Apr 10, 2019 | Spousal Support

What are temporary and permanent spousal support orders in a divorce case?  How does spousal support work in California, and how long will it take until you start to receive spousal support?  In order to receive legal advice you would need to contact our firm or call for an appointment at 760-389-3927.  Generally speaking, spousal support is usually established with a temporary spousal support order, and ultimately replaced by the permanent spousal support orders.

The request for temporary spousal support can accompany your original divorce petition.  The Certified Specialists at Burke & Domercq carefully structure the documents and supporting information to protect our client’s interests and to achieve their goals.

Once a petition is filed, a hearing is set for somewhere between 30 and usually closer to 90 days later.  The opposing side has the opportunity to provide a written response to your divorce paperwork, including the request for temporary orders.  We work to negotiate many of these issues in advance of the hearing to help keep costs down and to facilitate an earlier start date for spousal support.

When negotiations aren’t fruitful, the Court will usually order temporary spousal support (if appropriate) at the initial hearing.  Permanent spousal support “judgments” are usually negotiated by the attorneys.  This is why it is so important to have experienced and proven representation in your divorce.

When negotiations are successful, a permanent spousal support judgment can be drafted, approved by the Court and implemented.  When the parties are in disagreement, the Court must hear the issues at trial and will apply several factors in the ultimate decision regarding spousal support.

Temporary and permanent spousal support orders are quite durable.  Once the Court issues a permanent spousal support judgment it can only be changed through a post decree modification hearing.  We carefully craft these documents to clearly establish the change in “Status Quo” required before a modification hearing can be requested.  This prevents unnecessary post-decree court battles, and ensures the orders of the Court are implemented and followed.