Alimony Q


#1

My final pre trial and ed trial date was scheduled for Jan. 2011.

I am the def. how do I go about dealing with her claim for alimony? I have submitted counterclaim and she has just been granted a 30 day extension for response. I have documented the content of the text messages where her boyfriend was breaking it off with her and threatened her with restraining order if she continued to pursue him. I have documented the multiple times and dates of her opportunity to conduct the affair, as well as having the name and cell phone number of her boyfriend. Where in the timeline of divorce does alimony claims get addressed, as the def can I request this claim to be dealt with asap or is the timeline in her hands? Is this something that MUST be brought to court? I am not aware of any mediation type approach, is there? Our 1 year separation for divorce is Jan 2011. Our ED hearing is Jan 2011, is there any hope to getting closer to some of the alimony claim prior to Jan 2011?

Thank you
Felix


#2

She will schedule a hearing for alimony (it has to occur simultaneously with, or after the hearing for ED) and you will present evidence of her infidelity at the hearing. Her claim for alimony must be heard by the court unless you settle the issue prior to trial.