Do I need to pay any amount?

by Mike

My divorce is a very clear case. Me and my wife, mutually decided to separate from each other for a better future. We don't have any negativity between each other. However, her parents are very much upset about the whole episode. So, they are creating some hurdles in the smooth proceedings. Can anyone suggest to me, do I need to pay any alimony amount? Even if my wife, keeps silent on this issue?


Real-Divorce Comments:
Dear Mike,
Your wife cannot receive alimony unless she asks for it by petitioning the court for it during the divorce hearing. If you are the plaintiff, you can divorce using whatever grounds you find fit, and if you do not bring up alimony in the petition, that is OK. However, when your wife answers the divorce petition, she may bring it up then. If you agree about an amount, then you can draw up your own paperwork, called a property settlement agreement, and sometimes included in the case information statement. These documents are part of the divorce process, and can be done months or years before your actual divorce.

Anyhow, if you don't agree, you can wait until you get to court and allow the judge to decide for you both. See my Alimony Guidelines page for more information about this. Although it's a grey area, some states have "fault" when determining the grounds for divorce. If you live in a state that allows "faults" to be brought up, then you may have to pay more if you did something "wrong." If you live in a "no fault" state, then things are more 50-50.

Always seek true legal advice, use the Yellow Pages, this site for online legal advice with Avvo, or get legal matching with Legal Match to find suitable and excellent divorce attorneys to help you. FREE CONSULTS should help you find out if you would likely pay alimony, considering how much you make, how likely your wife is to work again soon, how long you were married...etc...

Best of luck!

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