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 San Jose
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State:
Multi-State
City:
San Jose
Control #:
US-00004BG-I
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Word;
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FAQ
Settlement agreements that were obtained through deceit, fraud, or unjust terms may be revoked by the courts. However, the settlement can be implemented in ance with a state's code if a formal agreement is written.
If a full appeal of a Final Judgment of the Dissolution of Marriage is not the best legal course of action, it might be possible for one party to seek a modification of some or all of the terms of the decree. This is done by the party seeking the change filing a motion with the judge who signed off on the order.
Yes, you can amend a marital settlement, with both parties agreeing.
If you've been married less than five years and have no children, you may qualify for a simpler way to get divorced (summary dissolution).
You can always renegotiate at any point as long as the divorce agreement has not been finalized. If the papers have already been signed, your lawyer must present a strong argument to the judge explaining that you wish to make a change based on some tangible reason, but the request may be denied.
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.
Yes, you can amend a marital settlement, with both parties agreeing.
If significant circumstances have changed since your divorce, you can file a petition for modifying its terms.
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.