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.
Indiana 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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Due to the frequency with which this issue arises in Pennsylvania, in November of 2022, then Governor Wolf signed into law a requirement that divorce decrees include an express warning to the parties to either re-affirm or update their beneficiary designations. The new law goes into effect on .
AFFIDAVIT UNDER SECTION 3301(D) OF THE DIVORCE CODE -- a document that must be signed by the Plaintiff and filed with the Prothonotary's Office stating that the parties have been separated for at least two (2) years if date of separation was before December 5, 2016 or at least one (1) year if date of separation was on ...
(a) Fault. The court may grant a divorce to the innocent and injured spouse whenever it is judged that the other spouse has: (1) Committed willful and malicious desertion, and absence from the habitation of the injured and innocent spouse, without a reasonable cause, for the period of one or more years.
§3301(d) of the Divorce Code, the parties separated after December 5, 2016, and the parties will have lived separate and apart for a period of at least one (1) year at the time of hearing of this matter and /or at the time that the Plaintiff will file an Affidavit under 23 Pa. C.S.A. § 3301 (d) of the Divorce Code.
Pennsylvania is a no fault divorce state. There are two types of no-fault divorce processes in Pennsylvania: mutual consent and separation. A mutual consent divorce is available when both parties are willing to agree that the marriage is irretrievably broken and consent to the divorce.