Divorce represents a significant, life-changing milestone. Our clients come to The Young Law Firm fearful of an uncertain future. When one household becomes two, money matters play a significant role in finding a resolution. A spouse who chose to forego a career to focus on family matters may require financial help in the form of spousal support. Learn how Marietta Alimony Attorney Diana Young can help.
A Dedicated and Results-Driven Spousal Support Lawyer
While child support amounts are dictated by strict, statutory formulas, spousal support — also known as alimony — does not enjoy those set calculations. Maintenance is subject to the discretion of the judge who is overseeing your divorce.
Long-term, permanent spousal support is rare as judges want ex-spouses to become self-sufficient. Short-term, rehabilitative alimony is more common. It allows for a transition to pursue an education or career while maintaining financial security.
When is alimony granted?
Alimony can be either temporary or permanent. Temporary alimony is different from permanent alimony. Alimony is for the purpose of meeting special circumstances. These circumstances are caused when a domestic crisis of separation and pending divorce proceedings occur. Temporary alimony, which includes attorney’s fees, expenses of litigation, and child support, is awarded for the purpose of allowing a spouse to effectively contest the issues in the case and to protect his or her interests in the pending proceeding.
Permanent alimony may be granted in the case of a divorce, voluntary separation, or, when one spouse against the will of that spouse is either abandoned or driven off by the other spouse. Alimony is rewarded according to the needs of the spouse. Also the ability of the other spouse to pay. However, alimony does not have to be awarded.
What are the requirements for alimony?
To establish a valid claim for permanent alimony, the spouse must allege and prove that the parties are legally married. Also that the parties are living in a bona fide state of separation. Along with the claim for alimony is part of a pending action for divorce or a separate maintenance action. The separation may be by mutual agreement or because of facts which would be the basis for the granting of a divorce.
When is alimony not granted?
Alimony will not be granted if it is established that the separation between parties was caused by adultery by the spouse who is seeking alimony. Also in the case of desertion by the spouse who is seeking alimony. Adultery is not a bar in every case where the spouse who is seeking alimony has committed adultery. It is only a bar when the adultery is the cause of the separation between the parties. Adultery which occurred in the past, and for which the other spouse has forgiven that spouse. This is not a bar to alimony at a later time.
In all alimony cases, the court will consider evidence as the reason for separation. In deciding whether to award alimony, the court must consider evidence of the conduct of the parties to each other. If one spouse has made adequate provision for the other spouse’s support and maintenance, and if such provision is consistent with their means and former circumstances, then the other spouse will not be allowed permanent alimony.
Pursuing All Options in Pursuit of the Best Outcome
The Young Law Firm has earned a reputation for aggressiveness and effectiveness in the courtroom. Alimony Attorney Diana Whipkey Young focuses on the best outcome when future financial stability is at stake. This is for both payers and receivers of spousal support.
Complex divorce disputes involving money can quickly end cooperation in an uncontested divorce. When the courtroom is the only option to find a resolution, you need an experienced divorce lawyer skilled at litigating cases on behalf of her clients. Diana Whipkey Young possesses a track record of aggressiveness and effectiveness in the courtroom.
Contact a Marietta Alimony Attorney
For solid and experienced representation from a Marietta Family Law Attorney, call our law firm at 770-795-9596 or contact us online to set up your 30-minute initial consultation. For our clients’ convenience, we accept all major credit cards.