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.
Delaware Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree on Remarriage of Plaintiff
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How to fill out Affidavit Of Defendant Spouse In Support Of Motion To Amend Or Strike Alimony Provisions Of Divorce Decree On Remarriage Of Plaintiff?
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FAQ
Either spouse can file for a no-fault divorce in Delaware. Although some states still recognize fault-based divorce grounds such as fraud, abandonment, or adultery, Delaware is a no-fault divorce state, and does not recognize one spouse's infidelity as grounds for divorce.
Qualifying for Alimony in Delaware a lack of property, including marital, to meet reasonable needs during and after the divorce. that the requesting spouse is unable to become self-supporting through employment, or.
(d) A person shall be eligible for alimony for a period not to exceed 50% of the term of the marriage with the exception that if a party is married for 20 years or longer, there shall be no time limit as to such party's eligibility; however, the factors contained in subsection (c) of this section shall apply and shall ...
However, under Delaware law if you were married for less than 20 years, you cannot collect alimony for more than 50% of the length of the marriage. For example, if you were married for 10 years, you could only collect alimony for up to 5 years. What factors will a judge consider when deciding whether I get alimony?
Delaware divorce law requires the equitable sharing of all marital property. That means the court will examine a series of factors such as financial and domestic contributions, length of the marriage, and earning capacity, in determining how much marital property each party will retain.
Ancillary matters are actions that are dependent on the divorce action. In other words, the Court cannot consider these matters apart from a Petition for Divorce/Annulment.
A wife has a legal right to her ?Stridhan.? It includes all the gifts, jewelry, or assets given to her before or during the marriage. She has ownership of them after divorce.
Delaware is what is called an ?equitable distribution? state. This means that marital property means all property acquired during the marriage (even if in just one spouse's name) and will not automatically be split 50/50 in a divorce. Instead, the Court will decide what kind of split is ?equitable? or fair.