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March 30, 2017
Question: I'm an expatriate who's filed for a divorce from my husband and requested custody of my children and financial support. However, the case is taking longer than I expected. I am in serious need of money immediately and I can't wait any longer for the court order. What can I do?
Answer: During the case, if a husband is not supporting his wife and children, the wife has the right to request from the judge provisional alimony on a monthly basis until the outcome of the case is determined.
It is important to note here that, in accordance with article 68 of family law 28 of 2005, provisional alimony is self-executed by the force of law, which means that any objection or appeal raised by your husband would not suspend or freeze the execution of the decision.
If the judge decides on an amount that you are not satisfied with, the law also gives you the right to appeal the interim alimony decision and request that the appeal court increases it. If your husband is paying these temporary expenses, there is a good chance he will ask to get whatever he has paid deducted from the amount of alimony decided upon when the case reaches the execution stage.
Question: I'm in the middle of a divorce and, surprisingly, I found that the court offered that my husband and I reconcile, but neither he or I requested this. Is this normal?
Answer: In accordance with article 98/3 of law 28 of 2005, "the court shall try to reconcile the spouses before it decides to separate them". According to paragraph two of the same article, "separation shall occur between spouses by divorce, dissolution or death".
So, by law, the court had to offer both parties an option to reconcile. It is important to bear in mind that you do not have to accept this offer and refusal of such offers will not have a negative effect on your legal position.