This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of the obligor spouse's changed financial condition. 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.
Divorce Modification With Agreement In Bronx
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State:
Multi-State
County:
Bronx
Control #:
US-00004BG-I
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FAQ
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.
In the US you generally don't need consent to get a divorce. If one person refuses to cooperate, the judge will order them to. If they still refuse, the judge could find them in contempt, or they could order the divorce granted based on the information provided by the plaintiff.
The simple answer is yes. Doing so, however, can be a complicated process.
You can do whatever you want, but without a lawyer, there is no one to advocate for you or to protect your rights. When a divorcing couple can agree on marital assets being shared and there are NO children, and no other support requested, a lawyer isn't necessarily needed.
Fraud or misrepresentation: If one party engages in fraud or misrepresentation during the divorce proceedings, this is grounds for modification. This can include concealing assets, providing false information, or deceiving the court or the other party.
When a person is not following the divorce decree, a motion for contempt should be filed with the court that ordered your divorce. You would file the motion for contempt and have a copy served on your ex spouse. The judge will schedule a hearing and determine what is going on in this situation and may issue fines, etc.
The court cannot change the terms of an agreement signed by you and your spouse. However, the court may insert directives in the Judgment of Divorce which are relate to the method or conditions of the transfer of title.
If a divorce decree has been issued, you can only contest it in extraordinary circumstances. You can still try to contest the term of the divorce, but you would face an uphill battle since you already agreed to them.
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.
More info
The New York State Unified Court System offers free instruction booklets and forms for people starting a divorce. Looking to modify court orders?Our Bronx modifications attorney is ready to represent you. Use this program to ask (or "petition") the Family Court to change a support order if there is a "change in circumstances." After an order or legal agreement is entered and validated in a New York court, one or both spouses can request a modification of court order. If you need to request a modification or enforcement order, it is important to retain the services of an effective and experienced legal team. Families under transition may sometimes require a change in orders as either permanent modifications or temporary divorce modifications. To successfully obtain a post-divorce modification, certain requirements must be met. Have you and your spouse come to an agreement? If you are looking to file a child support modification petition, you can find the form for "petition to modify support.