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Affidavit of Defendant Spouse in Support of Motion to Amend or Strike...

Motion For Strike In Fairfax

Category:

Family Law - Divorce - Affidavits

State:

Multi-State

County:

Fairfax

Control #:

US-00002BG-I

Format:

Instant download

Description

The Motion for Strike in Fairfax is a legal document that allows a defendant to request the court to remove or amend provisions related to alimony or support in a divorce judgment, specifically on the grounds that the plaintiff has since remarried. This form is essential for defendants who believe they have valid reasons to contest the financial obligations established by the court in the original judgment. Key features of the form include sections for the defendant's personal information, details of the final judgment, and specific statements supporting the request to strike the alimony provisions. To fill out the form, defendants should complete each section accurately, ensure that all relevant information is provided, and attach the final judgment as referenced. It is crucial to also serve copies of the affidavit to the involved parties as part of the certification of service. This motion is particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants involved in family law cases, as it provides a structured approach to challenge existing court orders effectively. The form is designed to be clear and straightforward, making it accessible even for those who may not have extensive legal experience.

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FAQ

The purpose of a Motion for Clarification is to ask the Court to explain the provisions of a prior order of the Court that a party does not fully understand.

In one responsive pleading, the respondent may move to dismiss on any appropriate ground, including the failure to state facts upon which relief should be granted, and, in the alternative, may set forth grounds of defense as in an action at law.

It refers to the process of clarifying and documenting the requirements, objectives, and expectations of an order to ensure that all parties have the same vision and understanding of the project.

“The purpose of a clarification is to take a prior statement, decision or order and make it easier to understand.

Defining a Motion of Reconsideration in Fairfax A motion for reconsideration asks a court to reconsider the sentence previously imposed on a defendant. Only the sentence that the court imposed after having found the defendant guilty is re-examined.

A Motion for Clarification is a formal request submitted to a court to seek clarity on a specific issue within a ruling or order. This motion is not intended to alter the original order but rather to ensure that all parties understand the court's intentions and directives clearly.

Motions may be typed by either party, may be filed on the General Notice and Motion Form or may be filed on one of the appropriate forms provided by the Supreme Court of Virginia (located here).

What happens next? If we filed the motion to strike in a trial court, then we will set the motion to be heard by a judge or magistrate, and be ruled upon. If we filed it in an appeals court, the appeals court will read the motion and offending document and will rule on it without hearing.

If a motion to strike a complaint or cross-complaint, or portion thereof, is denied, the court shall allow the party filing the motion to strike to file an answer.

A motion to strike is a request by one party in a United States trial requesting that the presiding judge order the removal of all or part of the opposing party's pleading to the court.