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 North Carolina
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Multi-State
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US-00004BG-I
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FAQ
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.
NC is a no fault state to obtain a divorce but you have to wait a year and a day to file for an absolute divorce. There are no exceptions. It may not hurt to have a separation agreement in place until then though. I suggest you consult with an attorney in your county to see what is best for your specific situation.
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.
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.
In order to reopen the case a motion would have to be filed in the state where the divorce case was created and the divorce was granted in. You would need an attorney who is licensed to practice in that state to file the motion on your behalf.
Yes, you can amend a marital settlement, with both parties agreeing.
The court will consider reopening a divorce settlement only in exceptional cases either where a spouse has failed to provide full and frank disclosure about their wealth and income in divorce proceedings or there has been a material change in a spouse's circumstances since the agreement was reached.
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.