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.
North Carolina 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
North Carolina law does not have a formula for setting alimony. The judge decides how much alimony is appropriate after analyzing many factors. If support is awarded, the court also determines whether the support will be temporary or ongoing.
The equitable distribution statute requires an equal division of the couple's marital property. In an equal distribution, one spouse would receive 50% of the marital property and the other spouse will also receive 50% of the marital property.
Moving Out Can Affect Spousal Support Payments This also often sets a negative precedent when it comes to spousal support. The court may presume that the amount you pay is financially viable and order you to continue to pay that amount, or something similar.
In North Carolina, the responsibility for spousal support, also known as post-separation support and alimony, is not automatically imposed on one party or the other. Instead, the court determines it case-by-case, considering various factors.
What is a spouse entitled to in a divorce in NC? A spouse is typically entitled to some amount of alimony or spousal support, depending on the decision of the NC divorce courts. A spouse may also be entitled to a 50/50 split of marital property if so decided by the courts.
If One Spouse Wants the Other to Leave North Carolina courts have the power to force a spouse out of the marital residence if the other can prove a claim for divorce from bed and board, child support, and alimony or postseparation support where fault is shown.
When a spouse is served with divorce papers, they generally have 30 days to respond. If the party agrees to the divorce, they may sign a waiver. This essentially gives up the requirement to wait 30 days to respond to the divorce. Instead, the divorce can proceed immediately.
In addition, in North Carolina, the summons states that you must respond to the complaint with your written answer within 30 days by serving the plaintiff or the plaintiff's attorney and filing the answer with the Clerk of Court. The complaint is the pleading that the other spouse filed to initiate the divorce process.
