This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree on the remarriage of the plaintiff former spouse. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Alimony Spouse Support For Abusive In North Carolina
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Adultery. Abandonment. Reckless spending, such as gambling assets. Physical, emotional, or verbal abuse.
In many cases, emotional abuse can factor in when a final divorce deal is reached. Things like child custody, visitation schedules, and property division can all be decided with an emotionally abusive partner's behavior in mind.
In order to receive termination of alimony, you should obtain necessary evidence of life changes, such as your spouse remarrying, becoming deceased, or cohabitation. A judge may not grant termination in other changed circumstances.
To qualify, a spouse must be dependent on the other, and there must be a significant income disparity. The spouse seeking alimony must present evidence, explaining how an award is equitable, considering all relevant factors.
Emotional Abuse, Marriage and North Carolina Law The law provides an abused spouse the means to obtain a court order requiring the alleged perpetrator to end their abusive treatment and stay away from the victim. Emotional abuse is often a factor cited in separation and divorce proceedings.
Adultery. Abandonment. Reckless spending, such as gambling assets. Physical, emotional, or verbal abuse.
To qualify for alimony in North Carolina, a spouse must: Be a dependent spouse, with an income disparity, and dependent on the other spouse for maintenance and support. Not have committed infidelity during the marriage. Prove that an award of alimony is equitable under the factors considered by the court.
Property Division and Spousal Support Judges also consider emotional abuse when making decisions about alimony. In most cases, alimony is awarded based on the receiving spouse's need, not as a punishment for the paying spouse's abuse.
In the context of divorce law, verbal abuse is recognized as a pattern of behavior that can include belittling, threats, constant criticism, and more, aimed at controlling or hurting the other spouse.
