Motion To Strike And Dismiss Illinois In Collin

State:
Multi-State
County:
Collin
Control #:
US-00004BG-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 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.

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  • Preview Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because Of Obligor Spouse's Changed Financial Condition
  • Preview Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because Of Obligor Spouse's Changed Financial Condition

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FAQ

A section 2-615 motion to dismiss is appropriate if there is a defect on the face of the complaint or other pleading. Common bases for a section 2-615 motion include failing to allege essential elements of the alleged cause of action and failing to state a claim upon which relief may be granted, among others.

A Motion to Dismiss is often filed by the defendant right after the plaintiff serves the defendant with the complaint. Many of the reasons for dismissing a case may be argued only at the beginning of the case before the defendant's answer to the complaint or any other motion.

A removal proceeding that has been terminated can be re-opened or refiled, and termination offers only temporary relief from potential deportation. If a removal proceeding is dismissed, that dismissal is generally permanent and cannot be reopened or renewed.

A motion to dismiss is a motion filed on behalf of a defendant asking the court to dismiss the plaintiff's case. Alternatively, the motion could seek dismissal of one or more causes of action alleged in the complaint.

The court may grant a motion to dismiss if the plaintiff's complaint fails to allege all the elements of a claim adequately. Or the court may grant it if the complaint fails to allege a measurable injury.

The defendant generally waives their right to file a motion to dismiss once they file an answer to the complaint. There are some exceptions where a motion to dismiss may be filed at a later point in litigation, such as if the plaintiff amends the complaint.

A “motion to dismiss” is typically filed in response to a complaint and is made in lieu of filing an “answer.” Technically, a plaintiff can move to “strike” a defense that a defendant has pled, given that defenses are subject to the same pleading requirements as are the plaintiff's claims.

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Motion To Strike And Dismiss Illinois In Collin