Q: Which attorney takes the lead in divorce settlement requesting spousal support? Petitioner or Respondents?
Everything else is settled except spousal support. We have been to court 2xs so judge can see how we’re progressing. Very expense!
A: Typically the attorney for the party seeking spousal support will take the lead on questioning because that spouse has the burden of proof. They generally have to introduce sufficient evidence showing they are entitled to support, typically by proving they suffer from some type of disability or disadvantage that makes them unable to obtain employment with sufficient compensation to meet their minimum reasonable needs. The attorney for the spouse opposing support has no obligation to present evidence because if the party seeking support fails to meet their burden of proof, they lose. But they may present evidence that the party seeking support has failed to diligently seek employment or evidence they do not intend to seek employment with sufficient compensation.
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