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If I file for divorce from a state that doesn't have allimony?
and the state she lives in has allimony would I be forced to pay it
5 Answers
- .Lv 77 years agoFavorite Answer
The laws apply in the state where divorce is filed for...in addition to that, alimony is rarely awarded these days (even in states where it is legal)...typically the most a divorcing person may have to pay in alimony would be enough to support the other party for a duration that would allow them to become self-sufficient (could be a few months to a couple of years)....if your soon-to-be ex has job skills and is capable of acquiring (or has) a job with which to support herself, then it would be odd for alimony to be awarded, unless there are extenuating circumstances...
- 7 years ago
First, make sure the state you are saying does not have alimony, actually doesn't. In a lot of sates it is now called "spousal maintenance", or "spousal support", and any state I know of WILL instate it if the woman meets certain detailed criteria that the court approves. You are best to meet with a good attorney, meaning one that specializes in FAMILY law, not just one that can file divorce papers, and ask THEM what your rights/ responsibilities are in the eyes of the law. Most will meet with you for a consultation for free-$75, to go over the basic concerns.
In the meantime, do a search with EACH state's name and add the words, "spousal support" and spousal maintenance" to it each time, and it will give you the basic state's law and criteria for when and how long those are awarded. Of course, nothing is black and white as to how the laws are applied, and it is different for every single divorce, so you are still going to need an attorney at some point.
- geetarman56Lv 77 years ago
I don't know of any state that doesn't have alimony as an award in court as an option in divorce. You will be forced to pay it by law where the divorce is filed. Just because you may live in a different state now doesn't release you from a court ordered payment to her.
- Anonymous7 years ago
If you are a resident, then probably no (assuming you filed first). If she files first in her state of residency then probably yes.
Also, which ever state it is filed in is the state that it will be concluded in - so if she files first then you'll be making an obscene number of trips to her state.
INAL - you should at least get a consulting from a divorce lawyer for specifics.
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- PatriciaLv 77 years ago
It's entirely up to the Judge, unless your work with your attorney to make some sort of settlement. If you had a long term marriage, there has to be some sort of settlement., i would imagine.