Utah 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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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 Utah 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 in Utah when the defendant spouse seeks to modify or eliminate the alimony provisions of a divorce decree based on the plaintiff spouse's remarriage. This affidavit serves as a support for the defendant's motion, providing detailed information and reasons why the alimony provisions should be amended or struck. Keywords: Utah, affidavit, defendant spouse, motion to amend, motion to strike, alimony provisions, divorce decree, remarriage, plaintiff. Different types of Utah Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree on Remarriage of Plaintiff: 1. Standard Utah Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree on Remarriage of Plaintiff: This is the most common type of affidavit filed by a defendant spouse in Utah seeking to modify or eliminate alimony provisions based on the plaintiff spouse's remarriage. 2. With Supporting Documents Utah Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree on Remarriage of Plaintiff: In some cases, the defendant spouse may attach supporting documents such as financial statements, proof of the plaintiff spouse's remarriage, or any other relevant evidence to strengthen their motion. 3. Utah Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree on Remarriage of Plaintiff — Child Support Considerations: If the divorce decree also includes child support provisions, the defendant spouse may file a specific affidavit addressing how the plaintiff spouse's remarriage impacts those aspects and why alimony provisions should be modified accordingly. 4. Emergency Utah Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree on Remarriage of Plaintiff: In urgent cases where immediate action is required, the defendant spouse may file an emergency affidavit to expedite the process of modifying or striking alimony provisions after the plaintiff spouse's remarriage. 5. Utah Affidavit of Defendant Spouse in Support of Motion to Strike Alimony Provisions of Divorce Decree on Remarriage of Plaintiff — Permanent Co-habitation: In certain circumstances, if the plaintiff spouse in the divorce decree is permanently cohabitation with someone else, the defendant spouse may file this type of affidavit to argue for the termination of alimony based on the new living arrangement.

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FAQ

The statute of limitations for an action on a judgment in Utah is eight years. See Utah Code Section 78B-2-311. If a person has a judgment against their ex-spouse in a divorce matter, they will want to collect on it before the expiration of the eight year statute of limitations.

Alimony is not usually ordered in Utah for a period that exceeds the time length of the marriage. There are exceptions in some cases in which the court determines that there are good reasons to order alimony for a longer period.

To protect under- or unemployed spouses, the court may award alimony, which is a court-ordered payment from a higher-earning spouse to the other during the divorce process and often, for a period after.

Under Utah 30-3-1, this happens when a spouse leaves the marital home without justification, does not communicate with the other spouse, has no intention of returning, and stays away for at least one year.

A court may modify or stop your alimony payments whenever they have reason to believe that there have been substantial changes in your or your ex's circumstances after your divorce.

Generally, in determining alimony, the court considers the parties' standard of living at the time of separation. In short marriages with no children, the court may consider the standard of living when the marriage began. Sometimes, the court will try to equalize the parties' standards of living.

If you want the court to change your decree you must show that there has been a material (important) and substantial (major) change in circumstances since the divorce decree was issued. The change could involve one or both parties or any children from the marriage.

So, the takeaway here is that the court has the discretion to determine what a short-term marriage is and whether to grant alimony, but the cut-off is somewhere around 5-8 years or so. Our experience is that a spouse in a marriage lasting less than five years will not typically be granted alimony at trial.

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Write "Amended" above "Petition to Modify Divorce Decree" on the first page and check the "and Stipulation" box. Both parties must sign the Petition. The party ... Divorce is the proceeding that ends a marriage and all legal relationships between the people who are married, except those specified in the divorce decree.AFFIDAVIT OF DEFENDANT (Form UD-7): To be Filled out by Defendant Field 1: Insert the county in which the action is brought. Field 2: Print the Plaintiff's ... of Divorce entered in this cause. 2. Summary Judgment is hereby entered denying the defendant's motion to modify the decree of divorce. 3. No costs are ... This brochure consolidates all of the information that my office can legally provide to the public. If you choose to represent yourself, ... A party's retirement is a substantial material change in circumstances that is subject to a petition to modify alimony, unless the divorce decree, or the ... 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. --An order accompanying a decree of divorce or annulment of the marriage shall include a provision informing the parties to reaffirm or change the beneficiary ... In absence of divorce, husband has primary obligation of paying for support, medical care and burial of wife, and person advancing money for those purposes can ... For purposes of the QDRO provisions, an alternate payee cannot be anyone other than a spouse, ... May a QDRO be part of the divorce decree or property settlement?

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Utah Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree on Remarriage of Plaintiff