This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree on the grounds that since this order was made, the conditions and circumstances on which the order was based have materially changed. 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.
Alimony Foreign Spouse In Collin
Category:
State:
Multi-State
County:
Collin
Control #:
US-00005BG-I
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FAQ
With the advent of no-fault divorces in most States, and most Western countries, the MOST you lose is 50% of what you have brought into the marriage DURING the marriage (inheritances are exempt from division). AND you get 50% of whatever your SPOUSE has brought into the marriage.
Divorcing your spouse when they live overseas is not as difficult as you may believe. While it is a bit more complicated, logistically, the divorce process is functionally the same as for two people who live in California.
As long as you live here and meet the residency requirements for Texas you can obtain a divorce regardless of where your spouse lives. You will have to try to serve him with the summons and complaint.
Countries including Australia, Canada, Germany, Mexico, and the U.K. regularly work with U.S. courts to enforce alimony orders across international borders. However, enforcing an international alimony order may take more time than enforcing a domestic one.
To formalize this agreement, an affidavit must be sent to your spouse living abroad, where they acknowledge the receipt of the divorce petition and waive service. The affidavit is then notarized at an embassy or consulate in the foreign country and returned to you for filing with the court in Texas.
The citizen spouse must sign a contract (I-864) with the Federal government promising to support the non-citizen spouse financially. In most cases, even if the couple divorces, the citizen spouse must continue to support the non-citizen spouse.
You need to consult a family law attorney in your state familiar with divorcing someone who is outside the country. Most states will allow a divorce if one of the parties is a resident (usually met after living in the state for 6 months or more).