Missouri 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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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 Missouri 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 Missouri when the defendant spouse seeks to modify or remove the alimony provisions of a divorce decree due to the plaintiff's remarriage. This affidavit is filed with the court to support the defendant's motion in seeking a change in the alimony payments. Keywords: Missouri, Affidavit of Defendant Spouse, Motion to Amend, Strike Alimony Provisions, Divorce Decree, Remarriage of Plaintiff. The Missouri Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree on Remarriage of Plaintiff is typically used when the defendant spouse believes that the plaintiff's remarriage warrants a change in their financial obligations. It allows the defendant to provide factual evidence to support their request for modification or termination of alimony payments. By submitting this affidavit, the defendant spouse is attesting under oath to specific circumstances that justify why the alimony provisions of the divorce decree should be modified or struck. The affidavit enables the defendant to present a convincing argument to the court, outlining why the plaintiff's remarriage has led to a substantial change in circumstances that warrants a reconsideration of the alimony terms. Different variations or types of the Missouri Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree on Remarriage of Plaintiff may include: 1. Affidavit of Defendant Spouse Detailing Financial Changes: This type of affidavit focuses on the financial impact the plaintiff's remarriage has had on the defendant spouse. It may involve providing evidence of increased financial responsibilities or financial improvements that have occurred since the original divorce decree was issued. 2. Affidavit of Defendant Spouse Demonstrating Lack of Need: In this case, the defendant seeks to prove that the plaintiff's remarriage has resulted in a significant change in their financial circumstances, making the alimony provision unnecessary or unjust. The affidavit may include details of the new spouse's income and assets, illustrating that the plaintiff no longer requires financial support. 3. Affidavit of Defendant Spouse Highlighting Altered Living Conditions: This affidavit type concentrates on the changes in the plaintiff's living conditions following their remarriage. The defendant may present evidence showing that the plaintiff's new spouse provides financial support or that remarriage has improved the plaintiff's financial situation, making alimony payments unnecessary or burdensome for the defendant. Remember that specific requirements and guidelines for the Missouri Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree on Remarriage of Plaintiff may vary. It is crucial to consult with a legal professional or refer to the relevant Missouri statutes to ensure accurate and appropriate completion of the affidavit.

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FAQ

State law in Missouri sets no time limits or other restrictions on when you can remarry after a divorce or how long you have to wait once you get a marriage license. You could get divorced from one person and married to another person on the same day, at least in theory.

Under modifiable maintenance, the court may order that the maintenance be decreased, increased, terminated, extended, or otherwise modified based upon a substantial and continuing change of circumstances. A party must bring an action to modify maintenance and in order for the court to modify it.

One party can ask the court to change the order, or the parties can enter into an agreement to the modification of decrees. In Missouri, child custody orders (unless designated "nonmodifiable") can always be modified if certain requirements are met.

Individuals can get remarried in California as soon as their divorce decree is finalized. Final court judgments dissolving a marriage may be entered either by petition of either party, or by the court, 6 months after the date of summons or after the respondent's first appearance ? whichever comes first.

The court might set a deadline by which the recipient no longer qualifies, such as at the end of a 4-year degree, remarriage of a spouse or death of a spouse. It usually lasts indefinitely--until a court modifies or ends it. This is called ?modifiable maintenance and is the result preferred by Missouri statutes.

Missouri is a ?no-fault? divorce state, which basically means you can file for divorce for any reason without a waiting or separation period and without having to prove your spouse committed some kind of misconduct. You or your spouse must, however, be a resident of Missouri in order to file for divorce here.

In Missouri, uncontested divorce cases can take as little as one month or as long as six months. Most cases of uncontested divorce in MO are simple and cost-effective. However, outliers do exist, so it's a good idea to consult an attorney before you begin.

When one spouse leaves the other without consent, this is considered abandonment and it may be grounds for divorce in Missouri. Also, it is considered abandonment, or desertion, when the: Parties failed to agree about the departure. Defendant/respondent has been gone for six consecutive months.

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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 remarriage of the plaintiff former spouse. 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.Louis sustaining a motion of the husband to modify a decree of divorce. The husband in his motion filed April 26, 1951, prayed for an order "modifying and ... Apr 15, 2020 — If a maintenance award can be modified, courts must follow certain procedures to determine whether or not to grant a requested modification. A pendente lite order for example can help resolve matters while a divorce is pending such as the custody and support of the children, spousal support/alimony, ... Service by mail pursuant to Rule 54.12 shall be proved by the certificate of the clerk that a copy of the summons and petition has been mailed and by the filing ... The Court is free to disregard the inadmissible argument or conclusions in an affidavit of support whether or not a motion to strike is filed. Prudential ... by BR Hollander · 1950 — ' The court in the principal case was presented with the question of whether a divorce decree, which was fraudulently procured, can be vacated. (a) The court may grant a divorce in favor of one spouse if during the marriage the other spouse: (1) has been convicted of a felony;. (2) has been ... This appeal involves two consolidated cases. The first case is a post-divorce proceeding initiated by Wife as a Rule 60 motion and petition for contempt to ...

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Missouri Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree on Remarriage of Plaintiff