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Example trial issue: spousal support

Understand how the judge makes decisions about spousal support

At the trial, you prove to a judge that your position on spousal support is the correct one. To prove this, you need to know how a judge makes decisions about support.

At a spousal support trial, a judge will decide:

How long support will last (duration)
The amount of support
If support will change over time (step up or down)
When support will end

To make a decision on each of these issues, a judge must consider what the law says and evidence you and your spouse present at trial. To prepare for trial, you'll need to know what the law says, so you can figure out what evidence you'll need to present.

If permanent spousal support is important to your long-term financial well-being, talk to a lawyer. Spousal support is a complex issue.

Find out what the law says about the issue

Start by doing some research. A law library is a good place to research more about the law. You can hire a lawyer to help you prepare. Your court's Self-Help Center may have resources.

Family Code section 4320 lists over a dozen factors a judge must consider when deciding spousal support, including:

Age and health
Length of marriage
Amount of property and debts
If one spouse supported the other's education

Some factors are more complex, like the marital standard of living and need and ability to pay.

Once you know what the law says about an issue, you can start to think of what evidence you have or need to show that the law supports your side.

Figure out what evidence you need to prove your side

At trial, you will need to either bring evidence, like documents or have someone, a witness, testify in court. Testify means a person comes to court and answers questions under oath.

The judge will consider anything evidence that you or your spouse says or shows at trial that is relevant. Relevant means something that helps the judge decide the issue. The judge will consider this evidence and how it relates to the law on spousal support.

Examples: Using evidence to prove your position on spousal support

Spousal support is a complex issue. What type of evidence you need to show depends on your situation. Here are some examples:

Example 1

Evidence to show marital standard of living
- Receipts or credit card statements with vacations, dining out, etc.
- Prior years tax returns.
- Testimony about how you spend money.

Example 2

Evidence to show ability to pay
- Copy of investment income statements
- Copies of credit card and bank statements

Use discovery to get the evidence you want for trial

As you prepare for trial, think about what type of evidence a judge would need to see or hear to decide the issue in your case.

Write down the evidence you need to get
Make a plan for how to get that evidence

Once you figure out what evidence you need, you can use a court process called discovery to get it.

Learn how to use discovery to get evidence

This page is just to get you started, so you understand that there will be a lot of research and preparation for you to get ready for a trial. You will need some help to prepare.
A law library is a good place to research more about the law. Your court's Self-Help Center may have resources. Even if you can't hire a lawyer to represent you at trial, you can hire one to help you prepare.