Q: Spousal support start date on divorce docs. Red flag?
Can spousal support start date begin before actual final divorce? I'm filing uncontested without a lawyer and don't want the court to hold it up with questions about alimony. Thanks.
A:
There seem to be a number of issues within your message.
First, in regard to a spousal support start date, if a party files for temporary spousal maintenance, that may begin the first day of the month after the party filed for it and can be retroactive to that time.
If a party files the Petition for Dissolution of Marriage and requests Spousal Maintenance but does not file for temporary spousal maintenance, the spousal maintenance will generally begin on the first day of the month following the Court signing of the Decree of Dissolution.
You write that you are filing "uncontested." Did you provide the other party with a copy of the Petition? Did you provide the other party with a "Notice and Entry of Default? If the Petition itself is uncontested, why not have the other party sign a "consent decree" and submit it to the Court for approval and signature?
Filing without a lawyer is not the same as filing "uncontested." Anyone filing without a lawyer is held to the same standards, rules and law as an attorney.
Regarding questions about spousal support holding up your divorce ("spousal maintenance") or ("alimony"), the Court has the right to ask you questions about an award of spousal maintenance you are seeking and the Court will still make a determination as to whether an award of spousal maintenance meets the criteria of Arizona Revised Statute section 25-319 (A). Then the amount and duration are dependent on the factors to be considered, pursuant to Arizona Revised Statute section 25-319 (B).
If you need further assistance, I recommend you contact an experienced family law attorney to assist you.
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