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 Partial Claim In Mecklenburg
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State:
Multi-State
County:
Mecklenburg
Control #:
US-00004BG-I
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PDF;
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FAQ
Leaving the house shows the judge your not as attached to it or you were more willing to give up on the house/relationship. May not be the actual case, but its a perception thing to the court and in states where you'll have to divide up ownership and assets you come out in a worse position if it appears you abandon.
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.
So, if there is no court order in place, they both have the equal right to remain in the house throughout the separation period. But remember, living together is not considered a separate residence. North Carolina requires both spouses to live separately for one year.
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.
Opting for an uncontested divorce and no-fault divorce, where both parties agree on the terms of the divorce, can also expedite the process significantly.
In fact, you cannot keep your spouse out of your house even if you owned the house before the marriage. Often, the only way to legally lock your spouse out of the house may be to obtain a domestic violence protective order (DVPO) if there are valid grounds to do so.
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.
With a separation agreement in place, all the judge needs to do is sign off on your divorce. No lengthy trial process is necessary, because both spouses agree on every aspect of their divorce. You will first file for a Complaint for Divorce, and your spouse will be served with this legal document.
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.
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.