How can I end temporary spousal support in CA? I have made several attempts to end this divorce and my ex is dragging it out...

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So heres the details. I make 5k a month, my wife made 5k a month when we met. We were married 18 months and we both filed for divorce. She ended up quitting her job half way through the marriage to start her own business. The business ended up tanking, and that's when the divorce came into play. In the process my wife has filed a restraining order against me, and I had to go through the courts to get my personal property back. The court has also awarded her temporary alimony in the amount of 1400, and 300 a month for attorney fees because she says she cannot work. The divorce has been drug out almost 10 months and I have tried several times with my attorney to reach a judgment. I feel like she is dragging her feet because she knows that 1700 dollars is coming every month. What do I do? Also, she got rid of her attorney after she was awarded the temporary alimony, and attorney fees. I still have my attorney because that's the only way I have communication with her. My attorney has not been of any help...

Attorney Answers

2
Heidi Lauer ·
You are actually asking several questions. If you are dissatisfied with your attorney, then you may need to consider hiring another. You cannot force your ex-to-be to hire counsel, so it is unfortunate that she does not have competent counsel to expedite matters. If you want to move your case along, you can discuss with your attorney or your replacement attorney requesting a trial date or filing a Request for Order to force your ex-to-be to submit to a Vocational Examination to determine her earning capacity and/or modify support because she is not doing what she can to become self-supporting. Now this needs to be addressed with counsel because the reason(s) why your ex-to-be is not working nor looking for work will need to be discussed. Also, you need to evaluate the California Family Code section 4320 factors to present the best case for your position to reduce or eliminate support. Your ex's behavior is unfortunately quite common - she has no incentive to move things forward since she must know that permanent support should be short lived.
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Jason Sherlock ·
There are ways to accomplish your goals, however it is not uncommon for matters to drag on longer than anticipated. If all disclosures have been exchanged then you can proceed to set a trial and get to judgment, including a resolution of the permanent spousal support. Another option would be to file an RFO to ask the court for relief. You should discuss your concerns with your current attorney. Remember, while the courts often find that spousal support should last for 1/2 the length of the marriage, this is referring to permanent orders and not temporary support.
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