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 Louisiana 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 the state of Louisiana. This affidavit is filed by the defendant spouse to request changes or removal of alimony provisions in a divorce decree when the plaintiff has remarried. Below are some key points and important information regarding this document: 1. Purpose: The primary purpose of this affidavit is to support a motion to amend or strike alimony provisions in a divorce decree when the plaintiff spouse has remarried. It allows the defendant spouse to present their case to the court and request modifications or termination of alimony based on the changed circumstances. 2. Legal Background: In Louisiana, alimony or spousal support is granted based on various factors, including the need of the receiving spouse, the ability of the paying spouse to provide support, and the duration of the marriage. However, if the receiving spouse remarries, it can be considered a significant change in circumstances that warrants a modification or termination of alimony. 3. Contents of the Affidavit: The affidavit should include relevant details and information such as: a. Identifying information: Full name, address, and contact details of the defendant spouse. b. Case details: Mention the case number, court name, and date of the divorce decree. c. Statement of remarriage: Clearly state that the plaintiff spouse has remarried and provide the date of remarriage. d. Alimony provisions: Specify the alimony provisions outlined in the divorce decree that the defendant spouse seeks to amend or strike. e. Reasoning for modification or termination: Explain the reasons why the defendant spouse believes the alimony provisions should be modified or terminated due to the plaintiff spouse's remarriage. This may include an explanation of how the remarriage affects the financial circumstances of the receiving spouse and renders alimony unnecessary. f. Supporting evidence: If available, attach relevant supporting documents such as the plaintiff spouse's marriage certificate or other evidence that clearly establishes the remarriage. 4. Types of Affidavit: While there may not be different versions of this affidavit, it is essential to ensure that the affidavit conforms to the specific court rules and requirements of the jurisdiction where it will be filed. Additionally, each case may have distinct circumstances and supporting evidence, making every affidavit unique. 5. Legal Guidance: It is crucial to consult an experienced family law attorney before drafting and filing this affidavit. They can provide guidance on the specific requirements and processes involved when seeking modification or termination of alimony due to the plaintiff spouse's remarriage. Remember, this is only a general overview of the Louisiana Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree on Remarriage of Plaintiff. It is always recommended consulting with a legal professional for accurate and up-to-date information tailored to one's specific situation.
