For centuries courts have recognized a duty of spouses to support their divorced spouses after their marriage has ended under certain circumstances. Factors determining whether and spousal maintenance is awarded include the current earnings and also the earning capacity of each party, their respective household expenses, the length of the marriage, and implicitly any needs of one spouse related to care of the parties children or to some mental or physical disability. Unless maintenance is awarded or specifically reserved in the court s decree, all jurisdiction to award maintenance with respect to that marriage is lost. For example, a criminal defendant may agree to plead guilty in exchange for an order setting forth certain, particular terms of probation. A fair agreement is a victory for both sides.
Experienced judges prefer and encourage settlement.
The Respondent or Defendant then has twenty days or thirty days to respond or the serving party the Petitioner or Plaintiff may win by default. Both the Petition or Complaint and the Answer and Counter-petition which is sent in reply contain statements of each party s view of the facts, plus a request for the court to take certain action technically a prayer for relief.