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 California 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 used in family court proceedings. It allows the defendant spouse to express their support and provide reasons for amending or striking the alimony provisions of a divorce decree upon the remarriage of the plaintiff. Keywords: California, affidavit, defendant spouse, support, motion, amend, strike, alimony provisions, divorce decree, remarriage, plaintiff. Different types of California Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree on Remarriage of Plaintiff may include: 1. Permanent Spousal Support Modification: This type of affidavit may be used to request a modification or termination of alimony payments following the plaintiff's remarriage if the original divorce decree does not specify provisions regarding alimony in the event of remarriage. 2. Temporary Spousal Support Modification: In cases where alimony payments are temporary, this affidavit can be used to request a temporary modification or suspension of payment upon the plaintiff's remarriage. 3. Termination of Alimony: This type of affidavit seeks to terminate alimony payments entirely on the grounds that the plaintiff's remarriage signifies a significant change in circumstances, rendering ongoing financial support unnecessary. 4. Modification of Alimony Amount: In some cases, the defendant spouse may seek a modification of the alimony amount instead of termination. This affidavit can be used to present reasons why the current alimony amount should be reduced or adjusted after the plaintiff's remarriage. 5. Termination of Alimony Duration: If the original divorce decree awarded alimony for a specific duration or until a certain milestone, this affidavit can be used to request termination of alimony upon the plaintiff's remarriage, arguing that the purpose for ongoing support no longer exists. In all cases, the affidavit should include relevant details, such as the names of the parties involved, the date of the divorce decree, the date of the plaintiff's remarriage, the specific provisions of the alimony award, and a detailed explanation of why the defendant spouse believes modification or termination is appropriate. It is essential to consult with a legal professional to ensure the affidavit is prepared accurately and effectively.