I filed for my divorce today. I am hoping that my stbx and I can come to a reasonable resolution on Alimony. I know he has up to the final divorce to file a claim for alimony. However, If he files a claim for alimony do I have the same 30 days to respond with the claim for ED? How am I notified of he files for alimony?
He will have to serve you with his answer and counterclaim. You can file for ED at anytime prior to entry of the divorce.
Respond with his answer? Do you mean the fact that we have lived separate and apart for one year and one day? Does he have to respond with a claim for alimony at this time too?
Before filing for divorce you must be separated for more than one year (one year and one day will suffice). He must file his alimony claim, and you your ED claim prior to entry of divorce, the typical manner for the defendant to file would be in the form of an answer and counterclaim.
My stbx withdrew his claim for alimony after the judge ruled on PSS in hopes that we could resolve and agree on alimony and Ed. That did not occur and I filed for divoce based on the one year and one day statute. He is now telling me he is going to re-open that case and respond to my complaint for divorce stating there is an outstanding issue with the court and the divorce should not be granted until this is ruled upon. Can he do this?
He can assert his claims prior to the divorce begin granted, but cannot stop the divorce itself from occuring.
Can he re-opent he old case or does he need to respond to the case that I just opened filing for divorce?
He should file in the divorce case.
I cannot find the document to file for ED? Since I have an active complaint for divorce, how do I go about filing the ED with the court? Also, can I file to have my name changed back to my maiden name? Is there a form for that?
You need to file what is called a motion in the cause for ED, or, if it has not been 30 days since you filed your complaint, an amended complaint that includes a claim for ED, and a request to resume the use of your maiden name.
It has not been thirty days. Are their specific docuemnts to use for these? Where can I find them?
Do I sent copies to my spouse?
You may want to check at your county courthouse to see if they have a self serve clinic that provides sample forms, you must send copies of anything you file to your ex.
I filed for a divorce based on the one year and one day last week and receieved a case number
My stbx has went ahead and calendared a date in October for a trial for alimony and filed it under the old case number in which the judge ordered his temporary support. I assume he is also going pro se as I have not seen anything from his previous attorney?
Here are my questions:
- Shouldn’t he have filed this claim under the divorce proceeding case number?
- How can he calendar a 3 hour trial without any mediation? (he is asking for way more than I can afford) I cannot even groceries let alone afford an attorney
- Do I need to counter claim for mediation in some way?
Also, He has counterclaimed my complaint for divorce based on outstanding issues with regards to alimony.
- Do I proceed with the complaint for divorce and show up for that court date?
- Specifically, how do I file an addendum for ED?
Now, do I file this addendum under the alimony case or the divorce case?
I know a lot of questions, sorry. Your help is very much appreciated!
If he had a support claim pending already under an old file number alimony will proceed in that file.
Mediation is often not required for alimony.
You need not counterclaim, presumably you filed an answer to his support claim when it was initially filed.
If you have not filed ED, you need to file a counterclaim for ED in your answer to the divorce.
Ok, so I dont’ need to submit any documents?
Do we use the same financial affidafit’s from the PSS hearing?
Do I just show up to court in October for the 3 hour trial with the docuemnts that we have already used?
This is so confusing! Horrible not be able to afford an attorney.
Would your online service be able to help me through this?
The alimony portion of the case cannot be ruled on until ED has been determined. The property distribution portion of the case is a factor in determining alimony and therefore must occur first.
You should make a motion to continue the Alimony trial based on the fact that ED has not yet been determined.
What happens if I complete the divorce without he or myself filing for ED? We don’t have alot to split. House has negative equity and I live in it. I do have a 401 K plan that I have offered him half and the rest is debt. Will the judge consider the debt that I am paying in alimony?
If the divorce is granted and no ED claim was made you lose your right to the same, and all property will become the separate property of the party whose name it is in. Alimony will be based on the income/expenses of each party.
Ok, I think I got it. I need to file for ED to get him off the deed to the house that I have and am paying for with loss of equity, back taxes etc.
- Do I file under the case number for his claim for alimony or the divorce that I filed. We now have two different case numbers.
- Can you please tell me which (all) forms I need to fill out and take to the clerk to file a claim for ED???
File a motion in the cause for ED under the divorce file number.