December 14, 2009 By Paul Wallin

Avril Lavigne filed for divorce from her husband in Los Angeles citing irreconcilable differences. In her paperwork, Avril has requested that neither party receive spousal support. The couple has only been married for three years, but because both parties are highly paid musicians, there is the potential for a large sum of spousal support for half the length of the marriage. The couple does not have any children, so Avril is requesting that the court only divide the property.

Even though Avril has requested that the court not award spousal support to either party, Deryk can still request that the court address the issue of spousal support. Once one party requests spousal support, the court will then decide what amount of spousal support to award based on many factors such as ability to pay, need, health of the parties, etc. Since both parties here are young and both make enough money to support themselves, it is likely that the court would not award spousal support to either party in this type of case. However, if Avril earns a substantially larger income than Deryk, the court can still decide to award Deryk spousal support for half the length of the marriage.

Even though a short marriage is involved, it is still important to seek legal counsel to make sure that you are advised of all of your rights. Once an agreement is reached between the parties, only certain portions of a settlement agreement can be later modified by the court. Therefore, it is important to consult with legal counsel prior to signing any agreement.

Wallin & Klarich has more than 30 years of experience in family law. Our Los Angeles divorce attorneys know from long experience what works in a divorce case, and are prepared to fight to get you the best possible outcome. With 16 attorneys in 33 offices throughout Southern California, we can be there when you need us — wherever you are. If you’re thinking of hiring an attorney for a mediated divorce, call us today at 1-888-749-7428 for a consultation, or fill out the online case evaluation form to the right.

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