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 Wake
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Multi-State
County:
Wake
Control #:
US-00002BG-I
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FAQ
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 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.
Proving Emotional Abuse in a Child Custody Case Texts, messages or emails. Character witnesses. Eyewitness accounts. Photographs. Video recordings. Medical or psychiatric records. Information from the child's school or teachers. Police or incident reports.
While verbal or emotional abuse will not change whether or not a court grants a divorce, it can lead to divorce terms that benefit the verbally abused spouse. Spouses do not have to prove verbal or emotional abuse to obtain a divorce.
With that being said, you may prove your spouse's emotional abuse in the following ways: Take videos of incidents of your spouse's emotional abuse playing out. Collect copies of digital evidence (i.e., voicemails, text messages, emails, etc.) that point to your spouse's emotional abuse towards you.
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.
Although proving emotional abuse can be more difficult than proving physical abuse, there are a few ways to provide evidence, including the following: Record video or audio, capturing incidents of emotional abuse.
Collect copies of digital evidence (i.e., voicemails, text messages, emails, etc.) that point to your spouse's emotional abuse towards you. Retain copies of doctor's notes that overview your mental health issues (i.e., anxiety, depression, post-traumatic stress disorder, etc.)