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.
Ohio 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
While there are no set guidelines for determining spousal support payments in Ohio, the law requires the courts to assume that both spouses contributed equally to the marriage, whether that contribution was financial or caring for their children and the home itself.
Since you can't legally get married until your divorce is final, the amount of time it takes to finalize your divorce can directly impact the timeline of your new marriage. In Ohio, there is no mandated waiting period for a typical divorce, but for a dissolution of marriage, there is a 30-day waiting period.
Although lifetime spousal support is expected in lengthy marriages, the spousal support's duration is determined by each case's circumstances. If permanent support is not awarded in a lengthy marriage, the general rule of thumb allows the spousal support duration to be one-third of the marriage.
Termination of Spousal Support In most cases, spousal support orders contain provisions for the support obligation to end upon the death of either party, the marriage of the payee (spouse receiving support), or the payee's cohabitation with an unrelated adult.
Your divorce decree can specify that alimony ends upon the recipient spouse's remarriage. However, if your decree is silent in the event of remarriage, you'll need to petition the court for a spousal support termination in Ohio.