This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of cohabitation by dependent 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.
Georgia Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because of Cohabitation By Dependent Spouse
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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 Because Of Cohabitation By Dependent Spouse?
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For more typical cases, examples of documents that can help prove cohabitation (living together) include: Copies of the following, showing both spouses' names: Joint mortgage or lease documents (make sure to include a copy of the entire mortgage or lease) Utility or other bills showing both spouses' names.
What is Cohabitation in Georgia? Two people are considered to be cohabitating when they live together as a couple in the same manner as they would if they were legally married. In Georgia, cohabitation is defined as living together on a continuous basis regardless of the sex of either person.
Therefore, you need to prove that your ex-spouse and their current partner share living expenses. In addition, the parties must voluntarily choose to be in a relationship that shares a similar nature to marriage. Furthermore, you need to prove that your ex-spouse and their current partner have an intimate relationship.
Cohabitation is when two people are living together as a married couple but are not legally wed. In some states, cohabitation can actually be prosecuted as a violation of adultery laws. However, in Georgia, that is not the case.
A petition for the modification of alimony may be filed by either former spouse, regardless of which spouse is the obligated spouse. O.C.G.A. §§ 19-6-18(a) and 19-6-19(a). Alimony modification petitions are separate legal actions that are distinct from the initial divorce case.
What is ?cohabiting?? Case law defines cohabiting as ?living together as man and wife?, but without the requirement of marriage. Keep in mind that cohabiting does not mean that sometimes your ex sleeps over, or spends a weekend, with his or her significant other.
When seeking to modify something permanently, like financial support such as alimony or child support, or you are seeking to modify child custody or parenting time, a modification action must be filed to formalize a change in the prior agreement. A change can occur if both parties agree on the change.
Applicable Statutes for a Modification Action: section 19-6-19 governs the modification of periodic alimony. A lump sum alimony award is not subject to modification. Nor is a final property division award.