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.
Divorce Without Alimony In Suffolk
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Multi-State
County:
Suffolk
Control #:
US-00005BG-I
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FAQ
Utilizing Prenuptial or Postnuptial Agreements The best way to avoid paying alimony in the event of a divorce is to sign a prenuptial or postnuptial agreement. These agreements, once seen as unromantic, now serve as a strategic way to protect individual assets in case of separation or the need to dissolve the marriage.
It takes approximately two to four months from the time the divorce papers are submitted to the court to be reviewed and signed off on by the assigned judge.
How Do I Modify an Alimony Order or Stop Paying if I Have Already Been Ordered by the Court? You experience financial hardship as a result of a lifestyle change. Your spouse has gotten a job and become financially independent. Your spouse remarries.
In New York State a married person may be legally responsible to provide for the support of his or her spouse during their marriage, if that spouse lacks sufficient income or assets to provide for his or her own reasonable needs.
In most cases, if a spouse can work and their former spouse cannot afford to provide spousal support, the court can deny alimony. It is pertinent to note that New York is a no-fault divorce state, meaning both parties could cite fault grounds, however, it will not affect whether a spouse is granted spousal maintenance.
Spousal support may be ordered even when spouses reside together. In New York State a married person may be legally responsible to provide for the support of his or her spouse during their marriage, if that spouse lacks sufficient income or assets to provide for his or her own reasonable needs.
Once all of the documents have been signed by the parties, the case is submitted to the court for a judge to sign the “Judgment of Divorce.” This process of having the courts review the paperwork and awaiting a judge's signature can take about 6 months in Suffolk County or Nassau County.
Because these issues have been settled, there is no need to litigate them in court. As a result, typically the judge will simply sign off on the terms and issue a final decree of divorce.
If you do not show up, the Judge could hold you in contempt and sanction you. The court can also decide the issues without any testimony or documents from you based solely on your spouse's testimony. Suggest you consult an attorney to better understand the court system and your rights and obligations.
Because these issues have been settled, there is no need to litigate them in court. As a result, typically the judge will simply sign off on the terms and issue a final decree of divorce.