You also may send and receive interrogatories written questions that must be answered in writing under oath and requests for admission similar to interrogatories, but ask the recipient to admit whether a statement is true. Your attorney will use the documents gathered through discovery, as well as your spouse's financial disclosure forms, to calculate the specific amount of alimony you will ask for. Your spouse will be doing the same thing, although their attorney likely will come up with a number far lower than the number your attorney reached.
Depositions, or live interviews conducted under oath, are another aspect of discovery that you may deal with, especially in more complex cases.
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Your spouse's attorney likely will want to depose you, and your attorney may depose your spouse. If you're seeking a fault-based divorce based on your spouse's cheating, you may want to depose additional witnesses as well who could potentially testify at trial regarding your spouse's behavior.
Review the factors considered by the court. Financial considerations typically are paramount in determining whether to award alimony. However, each court has a number of other factors that it also takes into account when comparing the relative position and abilities of the spouses. Judges do tend to look more favorably on spouses who are victimized by a spouse's bad behavior, but you typically still must show that you were financially dependent on your spouse and he or she provided the lion's share of the income for the family.
Other factors come into play as well. For example, courts may look at the relative ages of you and your spouse. If you're significantly older or significantly younger than your spouse, this might entitle you to more alimony. The length of your marriage also affects your ability to get spousal support. Generally speaking, judges are disinclined to give alimony after marriages that lasted only a few years. However, if your marriage lasted for over a decade, your chances of getting alimony are higher. Assess the impact of your prenuptial agreement. If you have a valid prenuptial agreement, it probably addresses the matter of alimony.
This is especially likely if you married someone who had a significant amount of assets at the start of the marriage. In that case, proving your spouse cheated on you is crucial to getting alimony. The agreement also may exclude you from reaching certain assets that your spouse brought into the marriage. This affect the property division and may affect whether you get alimony.
For example, if your spouse was retired when you got married and nearly all of his or her wealth was acquired prior to the marriage, your spouse may have very little income from which alimony could be drawn. Even if your prenuptial agreement eliminates spousal support entirely, the court may still order it to the extent necessary to keep you from having to go on public assistance. Emphasize factors that favor an award of spousal support. Out of all the factors the court considers when deciding whether to award alimony, some will be more beneficial to you than others.
You and your attorney will work together to find the ones that weigh heavily in favor of an alimony award for you. If this picture doesn't represent the reality of your marriage, you'll have a hard time getting alimony from your cheating spouse. It may not seem fair, but remember, alimony is not punishment. However, if you were financially dependent on your spouse and you were married for many years, the odds are more in your favor. This is especially true if you made decisions that limited your income based on plans that benefited the two of you as a couple.
For example, suppose you took three years off work to stay at home with your children. Now you are behind in your career and find it difficult to get a job because you've been out of the loop for so long. You are likely to get alimony from your cheating spouse in this scenario. Anticipate arguments from your spouse. Typically, you can assume that your spouse will be opposed to paying alimony.
Even if they agree that they should pay some alimony, the amount they believe they should pay likely is much less than the amount you think you deserve. He or she may even intimate that you are seeking alimony because you are lazy and don't want to get a job. If your spouse doesn't want to pay alimony, expect him or her to make attacks on your character and try to paint you as a lazy, greedy person who is only after money. Stand your ground, and do everything you can to ignore those attacks and avoid internalizing them.
Keep in mind that your spouse is the one who cheated, breaking the marital vows.
You would not be in this position if it weren't for their actions. Include your email address to get a message when this question is answered.
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