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.
Affidavit Amend Form For Divorce In Mecklenburg
Category:
State:
Multi-State
County:
Mecklenburg
Control #:
US-00003BG-I
Format:
Word;
PDF;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
If your name change wasn't included in your divorce decree, you file a petition to apply and give notice of your intent to resume your former name. You state that you want to change your name because of divorce, and you specify which name you want to resume. You sign with the full name you want to use going forward.
You are eligible to file for divorce, also called an “absolute divorce,” only after being separated for at least a year and a day. This means that you must have been living in different homes and that at least one of you intended that the separation be permanent during that time.
By law, an equal division of marital property is preferred, but if either spouse requests an unequal division and the judge finds that an unequal distribution would be fair, the court may give more of the property or debt to one party than the other. Judges consider many factors in deciding how to divide property.
In North Carolina, the responsibility for spousal support, also known as post-separation support and alimony, is not automatically imposed on one party or the other. Instead, the court determines it case-by-case, considering various factors.
North Carolina is a 50/50 divorce state. In NC, splitting up the marital property 50/50 is considered equitable and fair. However, NC divorce laws consider many factors that typically indicate a need for an unequal marital property division, in which case a 50/50 distribution would not be fair.
North Carolina is an ``equitable'' state, meaning that there is no predefined formula for dividing assets. The judge will divide all assets acquired during the marriage and set alimony/child support payments in the most fair way possible.
The defendant spouse has 30 days to respond to the divorce complaint after he or she has been served. If the parties agree and want to speed up the process, the defendant can simply sign waive the right to answer.
Essentially, a waiver of service is a useful document that allows you to acknowledge your awareness of a legal action, such as a divorce, without requiring formal procedures or public notifications. Thus, it streamlines the process and maintains your privacy.
Once the divorce is served to your spouse, there is a 30 day waiting period before the divorce can be finalized. In general, it takes at least 45-90 days to get divorced. Do I really need to hire an attorney? At least in Mecklenburg County, hiring a lawyer is not essential.