Alimony Spouse Support For Cheating In Phoenix

State:
Multi-State
City:
Phoenix
Control #:
US-00002BG-I
Format:
Word; 
PDF; 
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Description

The Affidavit of Defendant is a legal document used in Phoenix to address alimony spouse support in cases where infidelity has occurred. This form allows the defendant to present evidence that the plaintiff has remarried, which may justify modifying or terminating the alimony provisions established in a prior divorce judgment. Key features of the form include sections for detailing the initial alimony provisions, information regarding the plaintiff's new spouse, and a declaration of the defendant's belief that they have substantial grounds for relief. Filling out the form requires accuracy in naming parties and detailing the financial capacity of the new spouse. The form must be sworn before a notary public and includes a certificate of service to ensure all relevant parties are notified. Attorneys, paralegals, and legal assistants may utilize this form to effectively advocate for clients seeking to end or reduce alimony payments due to a change in circumstances. The form also serves as a crucial tool for partners and associates in family law to navigate complex divorce proceedings, providing a structured and legally sound approach to challenging alimony claims.
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  • Preview Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree on Remarriage of Plaintiff
  • Preview Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree on Remarriage of Plaintiff

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FAQ

In Arizona, alimony is considered reasonable if it is less than 50% of the paying spouse's income pre-divorce. Most reasonable spousal maintenance payments fall between 15% and 30% of the paying spouse's pre-divorce income to enable the receiving spouse to meet their own needs.

Cheating in no way affects alimony or child custody or the financial side of divorce...in fact, the spouses cheating buddy could be raising your child 50% of the time after divorce.

Arizona judges often look at your personal assets and the property you receive from division settlements in depth before determining whether you qualify for continuous spousal support. If your inheritance sum can keep you afloat financially for a long period, it may prevent you from receiving support from your spouse.

Adultery is Still Considered a Crime in Arizona It may surprise you to learn that adultery is still a criminal offense. It's no longer prosecuted as a crime, but it can still have dire legal ramifications for the one guilty of having an affair, including paying damages in a civil case.

Because Arizona is a no-fault state, infidelity is not a factor in the decision to award spousal maintenance (also referred to as alimony). However, if a cheating spouse used marital assets to support his or her extramarital affair, this could be considered a dissipation of marital assets.

Can you get alimony if your husband cheated? In the United States, adultery won't and can't affect alimony. State laws prescribe when a spouse is eligible for alimony. Except in a very few jurisdictions, divorce courts have no power to punish an adulterous spouse.

First Step: Eligibility for Alimony Judges may award alimony to a spouse who: doesn't have enough property to meet that spouse's needs, even after the couple's property has been divided in the divorce. doesn't have enough earning ability in the labor market to be self-sufficient.

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Alimony Spouse Support For Cheating In Phoenix