District of Columbia Affidavit by Obligor Spouse on Application to Modify Order for Alimony

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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.

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FAQ

The District of Columbia offers no-fault divorces, meaning the court will not assign fault to either party. D.C. law states that one party must allege that the marriage is "irretrievably broken" (commonly known as irreconcilable differences, the two parties no longer get along).

Separation without cohabitation for at least six months, if the separation is mutual and voluntary (in other words, if you and your spouse agree to separate), OR Separation without cohabitation for at least one year, if one of you does not agree to the separation and divorce, then the required separation period is one ...

Separation without cohabitation for at least six months, if the separation is mutual and voluntary (in other words, if you and your spouse agree to separate), OR Separation without cohabitation for at least one year, if one of you does not agree to the separation and divorce, then the required separation period is one ...

The statute in Washington DC that concerns alimony is the Code of the District of Columbia §16-913. Under this statute, the family court has the ability to order the payment of spousal support at the conclusion of any divorce or domestic separation case.

It must be fair and equitable, and the factors that a judge must consider include the ability of the spouse seeking alimony to be self-supporting, the marital standard of living, the length of the marriage, and the spouses' ages and physical conditions, among many other factors.

DC Code §16-904 states that a couple may seek a legal separation if both parties are willingly and voluntarily living apart ? or living together without cohabitation.

A: There are two grounds for divorce in Washington, D.C. ? mutually living separate and apart for six months preceding the commencement of the divorce or both parties to the marriage have lived separate and apart without cohabitation for a period of one year preceding the commencement of the divorce.

(a) Except as provided in subsection (b) of this section, no action for divorce or legal separation shall be maintainable unless one of the parties to the marriage has been a bona fide resident of the District of Columbia for at least 6 months next preceding the commencement of the action.

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District of Columbia Affidavit by Obligor Spouse on Application to Modify Order for Alimony