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.
North Dakota 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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FAQ
The grounds (reasons) for a no fault divorce is ?irreconcilable differences.? Irreconcilable differences are substantial reasons for not continuing the marriage and which make it appear the marriage shouldn't be resolved. The Plaintiff or Petitioner doesn't need to prove anybody did anything wrong to cause the divorce.
The North Dakota Grounds for divorce are: Adultery. Extreme cruelty. Willful desertion. Willful neglect. Alcohol and/or controlled substance abuse. Felony conviction. Irreconcilable differences.
The law in North Dakota requires the spouse in a better financial position to pay interim support to the other spouse, pending the divorce proceedings' determination. If you cannot agree on an amount with your former spouse, the court will decide on a reasonable amount.
There is no formula fixed in North Dakota law for determining whether alimony should be paid and if so, in what amount, and the court can award it to either spouse. Of course, one spouse must have the need and the other must have the ability to pay an award.
In North Dakota, alimony is called spousal support. Spousal support is a court-ordered set of payments from one party to another during and/or after the divorce process. A variety of factors are involved when calculating proper spousal support, including: Marital standard of living.
Adultery is one of six ?fault-based? grounds for divorce recognized in North Dakota, and if your partner has stepped out on your marriage, you are going to have to show proof of his or her doing so.
Unlike child support, there is no formula, calculator or guideline for how much spousal support, if any, will be awarded in North Dakota.
North Dakota is an equitable distribution state. This means that property will be split between spouses in a way that is equitable. Equitable division does not have to be equal, but the court must start by presuming that all the property will be split equally between the spouses.