Utah 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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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.

The Utah Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because of Cohabitation By Dependent Spouse is a legal document that allows the defendant spouse to request a modification to the alimony provisions in a divorce decree due to the cohabitation of the dependent spouse. This affidavit provides detailed information and reasons supporting the motion to amend or strike the alimony provisions in the divorce decree. Keywords: Utah, affidavit, defendant spouse, motion, amend, strike, alimony provisions, divorce decree, cohabitation, dependent spouse, modification. There is only one type of Utah 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

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.

To do this, you could show your ex and her boyfriend are: Sharing payments on the shared residence. Sharing utility payments. Sharing household expenses such as food. Paying for and taking vacations together. Maintaining joint bank accounts.

Alimony automatically ends if the receiving spouse dies or remarries. However, you may also ask the court to terminate alimony if you are sure that your ex has started cohabiting with someone else.

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.

Terminating Alimony They must first prove the cohabitation to the court. Cohabit means to live together, or to reside together on a regular basis, in the same residence and in a relationship of a romantic or sexual relationship.

Meyers, the Utah Supreme Court stated that for a couple to be cohabiting, they must share a residence and their relationship must have the 'hallmarks' of a marriage. Potential examples of such hallmarks could include: Living as spouses. Sexual intimacy.

Evidence that can be used to prove cohabitation includes: Utility bills, such as electricity, water, or internet, addressed to both partners. Joint mortgage or loan agreements. Joint bank account statements. Joint credit card statements.

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Utah Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because of Cohabitation By Dependent Spouse