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.
Keyword 1: Tennessee Affidavit of Defendant Spouse Keyword 2: Motion to Amend or Strike Alimony Provisions Keyword 3: Divorce Decree Keyword 4: Remarriage of Plaintiff The Tennessee 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 commonly used in Tennessee family law cases. This affidavit is filed by the defendant spouse who seeks to modify or eliminate the alimony provisions in the divorce decree due to the plaintiff's remarriage. In Tennessee, alimony is awarded to provide financial support for the spouse who may have less earning potential or who sacrificed their own career for the benefit of the marriage. However, when the recipient spouse, also known as the plaintiff, remarries, it can significantly impact the financial dynamics and circumstances that were considered during the original divorce proceedings. The affidavit serves as a formal statement made under oath by the defendant spouse, outlining the reasons and justifications for requesting a modification or striking of the alimony provisions. It should contain detailed information and evidence supporting the defendant's argument that the plaintiff's remarriage has substantially changed their financial circumstances, warranting a reassessment of the alimony arrangement. The Tennessee Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree on Remarriage of Plaintiff typically includes the following key components: 1. Identifying Information: Begin the affidavit by providing the defendant's and plaintiff's names, addresses, and contact information. Mention the court where the divorce decree was issued and include the case number. 2. Background: Briefly describe the history of the marriage, the terms outlined in the original divorce decree, including any alimony provisions, and provide the date of the plaintiff's remarriage. 3. Reason for Modification or Striking Alimony: Clearly state the defendant's objective, whether it is to modify the alimony amount or terminate it altogether. Explain why the plaintiff's remarriage justifies this request based on the changes in the financial circumstances. 4. Financial Impact: Provide a detailed analysis of how the plaintiff's remarriage has affected the defendant's financial situation. Include relevant financial documents, such as tax returns, bank statements, and evidence of the plaintiff's current spouse's income and assets if available. Emphasize any considerable increase in household income due to the remarriage. 5. Supporting Evidence: Attach any supporting documentation that reinforces the defendant's claim. This could include copies of the divorce decree, evidence of the plaintiff's marriage certificate, evidence of the spouse's income, and any relevant court orders or rulings. 6. Legal Arguments: Consult with an attorney to ensure that the affidavit addresses the pertinent legal aspects of the case. Incorporate relevant Tennessee laws and statutes that support the defendant's argument for modifying or striking the alimony provisions. It is important to note that while the above description provides a general overview, the specific requirements, structure, and content of the Tennessee Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions may vary depending on the circumstances and the court in which the case is being heard.
