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Affidavit Motion Amend For Merit In Arizona

State:
Multi-State
Control #:
US-00003BG-I
Format:
Word; 
PDF; 
Rich Text
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Description

This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of cohabitation by dependent 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.

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  • Preview Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because of Cohabitation By Dependent Spouse
  • Preview Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because of Cohabitation By Dependent Spouse

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FAQ

You will need to go back to the court where your order was issued and file modification forms. There will probably be a new hearing on the issue. You may also want to consult with an attorney to see if filing for a modification is appropriate under the circumstances of your case.

No later than 28 days after the entry of judgment, the court, on its own, may order a new trial for any reason that would justify granting one on a party's motion. After giving the parties notice and an opportunity to be heard, the court may grant a timely motion for a new trial for a reason not stated in the motion.

Under the new version of Rule 68(g), the sanctions against a party who fails to obtain a more favorable judgment than the offer is “twenty percent of the difference between the amount of the offer and the amount of the final judgment.” This change applies to offers of judgment served on or after January 1, 2022.

Rule 77 - Trials (a)Setting Cases for Trial. Unless the court has already set a trial on its own or at a resolution management conference or a scheduling conference, any party may file a motion to set a case for trial.

Rule 65 - Injunctions and Restraining Orders (a) Preliminary Injunction or Temporary Restraining Order. (1)Notice. Except as provided in Rule 65(b), the court may issue a preliminary injunction or a temporary restraining order only with notice to the adverse party.

A respondent may seek a stay of the decision of the hearing panel by filing a request with the hearing panel within ten (10) days of the date the decision was filed. Within five (5) days of a respondent filing an application for stay pending appeal, the state bar may file a response with the hearing panel.

Rule 59(e) authorizes a motion to alter or amend a judgment. A Rule 59(e) motion must be filed no later than 28 days after the entry of the judgment. This is a strict time limit, and the court has no authority to grant more time.

The Rule of 65 means when the age of the party seeking maintenance plus the length of the marriage exceeds 65, the duration range above will not apply. The recipient spouse must be at least 42, the marriage must have lasted 16 years and the combination of those two numbers must be equal to or greater than 65.

Rule 65 - Injunctions and Restraining Orders (a) Preliminary Injunction or Temporary Restraining Order. (1)Notice. Except as provided in Rule 65(b), the court may issue a preliminary injunction or a temporary restraining order only with notice to the adverse party.

RUMOR: Arizona has passed a law to allow sentences to be 50% for non-violent offenders and 65% for violent offenders. TRUTH: No, no such law has passed.

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Affidavit Motion Amend For Merit In Arizona