Filing for spousal support/alimony once served


#1

I have recently been served divorce papers (Oct 31st to be exact). I only have a couple more weeks to file my reply with the court. I would like to file for spousal support/alimony. I am thinking of your online resources to assist, but I couldn’t get the questions I needed answered when I called. Please help answer the following so I can determine if the rosen online will work for my situation:

a) We have been separated for almost 2 years, would spousal support be for retro payments?

b) Do I/could I file paperwork for both spousal support and alimony?

c) Would I need to file the paperwork/motion for support/alimony with the court along with the divorce papers received?

Now that I have been served with the divorce papers, I don’t know what the timeline is and in what order I need to do what. I’m in Mecklenburg county. Thank you!


#2

Once you are served with a court action, you have 30 days to file an answer to the complaint and if necessary, a counterclaim. This deadline is the same across the state.

Spousal support would not be retroactive.

Alimony is spousal support, and you can file a counterclaim for alimony. You should file your counterclaim(s) at the same time you file your answer (within 30 days of being served with the complaint) You would not file a motion.

For more information about how alimony works, including a complete list of factors a judge will consider when determining alimony, you can read our article Alimony: The Details.