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 New York
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US-00003BG-I
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FAQ
Yes, you can amend a marital settlement, with both parties agreeing.
Effective January 1, 2024, notarized affidavits are no longer required for most sworn statements submitted in New York state court. No longer limited to lawyers and doctors, court-filed affirmations are now permissible from any witness.
Parenting time and child support, which are also part of a final decree, may also be modifiable. At the time a divorce is finalized by court order, so are visitation and custody agreements.
There are seven grounds, legally acceptable reasons, for a divorce in New York State: Irretrievable breakdown in relationship for a period of at least 6 months. Cruel and inhuman treatment. Abandonment. Imprisonment. Adultery. Divorce after a legal separation agreement. Divorce after a judgment of separation.
A divorce decree could be invalid if a judge's decisions were based on incorrect information or if the judge made errors affecting the outcome. If one party concealed assets or debts from the other, that could be grounds for appeal or modification.
If substituted or nail and mail service were used, the affidavit of service must be filed with the County Clerk within 20 days of the date of service.
The simple answer is yes. Doing so, however, can be a complicated process.
To seek a divorce modification in New York, a party must file a petition with the court. Both parties involved will have an opportunity to present their case. If the court determines that a substantial change in circumstances justifies a modification, it will issue a new order reflecting the changes.