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 South Dakota 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 filed by the defendant spouse in a divorce case in South Dakota. This affidavit is used to request amendments or elimination of alimony provisions in the divorce decree due to the plaintiff's remarriage. Here is a detailed description of what this affidavit entails: 1. Purpose: The primary purpose of this affidavit is to provide the defendant spouse with a formal opportunity to request modifications or termination of alimony payments to the plaintiff based on their remarriage. It allows the defendant to present relevant facts, arguments, and supporting evidence to justify amending or striking the alimony provisions. 2. Legal Basis: The affidavit should reflect the specific section(s) of South Dakota family laws that support the defendant's motion to amend or strike the alimony provisions. It may cite relevant statutes, case precedents, or legal principles concerning alimony and its termination upon remarriage. 3. Identification Information: The affidavit should begin by identifying the defendant spouse and referencing the corresponding divorce case. Essential details such as full name, current address, contact information, and case number should be included to ensure accurate record-keeping. 4. Statement of Remarriage: The affidavit should clearly state that the plaintiff has remarried, providing the date and place of the remarriage. It is crucial to establish that the plaintiff's marital status has changed, making it necessary for the court to review the alimony provisions. 5. Review of Divorce Decree: The defendant spouse should provide a detailed analysis of the divorce decree, specifically focusing on the alimony provisions that need to be amended or struck. This section should reference the specific terms, conditions, and obligations related to alimony. 6. Grounds for Amendment or Striking of Alimony Provisions: The affidavit must outline the grounds on which the defendant spouse believes the alimony provisions should be modified or eliminated. This may include arguments such as the termination of the plaintiff's financial need, their improved financial situation due to remarriage, or the overall fairness and equity of the original alimony award in light of the new circumstances. 7. Supporting Evidence: The defendant spouse must provide supporting evidence for their arguments. This may include financial records, employment information, marriage certificate of the plaintiff's remarriage, or any other relevant documentation that demonstrates the changes in circumstances justifying an amendment or striking of the alimony provisions. 8. Statement of Relief Sought: The affidavit should conclude by clearly stating the defendant spouse's proposed relief, whether it is the complete termination of alimony, a reduction in payments, or any other modification deemed appropriate based on the circumstances. Different types of South Dakota Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree on Remarriage of Plaintiff may exist, depending on the specific circumstances and grounds for modification. Some potential variations could include: 1. Affidavit for Termination of Alimony Provisions: This affidavit specifically seeks the complete termination of alimony payments due to the plaintiff's remarriage. 2. Affidavit for Modification of Alimony Provisions: This affidavit aims to modify the existing alimony provisions, such as reducing the amount or altering the duration, based on the plaintiff's remarriage. 3. Affidavit for Striking Specific Alimony Provisions: This affidavit targets certain alimony provisions within the divorce decree, seeking their complete removal or replacement. It's important to note that the specific variations or types of affidavits may depend on the jurisdiction and the preferences of individual courts.
