This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree on the remarriage of the plaintiff former spouse. 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.
The Arizona Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree on Remarriage of Plaintiff is a legal document that allows the defendant spouse in an Arizona divorce case to request a modification or elimination of the alimony provisions in the divorce decree due to the remarriage of the plaintiff. Keywords: Arizona, affidavit, defendant spouse, motion, amend, strike, alimony provisions, divorce decree, remarriage, plaintiff. In Arizona, when a divorce decree is granted, one party may be ordered to pay alimony or spousal support to the other. However, if the recipient spouse (plaintiff) gets remarried, it may have a significant impact on their financial situation and may warrant a modification or elimination of the alimony payments. To initiate this process, the defendant spouse can submit an Affidavit in Support of Motion to Amend or Strike the Alimony Provisions of the Divorce Decree. This affidavit serves as a formal request to the Arizona court to review and modify the alimony provisions contained within the original divorce decree. The defendant spouse must provide detailed, specific reasons and justifications for the modification or termination and present supporting evidence. It is crucial to outline how the plaintiff's remarriage has had a substantial effect on their financial circumstances, making the continuation of alimony unfair and unnecessary. The Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree on Remarriage of Plaintiff must be completed accurately, following the prescribed format, and signed by the defendant spouse in the presence of a notary. The appropriate court forms and documents should also be attached, such as the original divorce decree, marriage certificate of the plaintiff's new spouse, financial records, and any other relevant documentation supporting the request. Different types of Arizona Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree on Remarriage of Plaintiff may include: 1. Type 1 — Affidavit of Defendant Spouse Seeking Modification of Alimony Provisions: This affidavit focuses on requesting a modification of the existing alimony provisions in the divorce decree due to the plaintiff's remarriage. 2. Type 2 — Affidavit of Defendant Spouse Seeking Termination of Alimony Provisions: This affidavit aims to terminate the alimony payments altogether based on the plaintiff's remarriage and its financial impact on both parties involved. 3. Type 3 — Affidavit of Defendant Spouse Seeking Adjustment of Alimony Provisions: This affidavit seeks an adjustment or reduction in the amount or duration of the alimony payments as a result of the plaintiff's remarriage and its resulting financial changes. Regardless of the specific type, each affidavit should clearly and persuasively present the grounds for modifying or striking the alimony provisions, referencing relevant Arizona state laws and court precedents. It is recommended to consult with an experienced family law attorney to ensure that the affidavit is comprehensive, well-structured, and adheres to all legal requirements.
