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Virginia 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 Virginia 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 used in Virginia when the defendant spouse wishes to request a modification or removal of the alimony provisions of a divorce decree due to the plaintiff's remarriage. This affidavit is crucial in presenting supporting evidence and arguments to the court, allowing the defendant spouse to demonstrate valid reasons for the requested changes. Keywords: Virginia, Affidavit of Defendant Spouse, Support, Motion to Amend, Strike, Alimony Provisions, Divorce Decree, Remarriage, Plaintiff, Modification, Evidence, Arguments, Court. Different types of Virginia Affidavits of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree on Remarriage of Plaintiff may include: 1. Affidavit of Defendant Spouse in Support of Motion to Amend Alimony Provisions: This affidavit aims to present sufficient evidence and arguments to the court, requesting a modification of the alimony provisions in the divorce decree after the plaintiff's remarriage. 2. Affidavit of Defendant Spouse in Support of Motion to Strike Alimony Provisions: This affidavit seeks to prove to the court that the alimony provisions in the divorce decree should be entirely removed or struck down due to the plaintiff's remarriage. 3. Affidavit of Defendant Spouse Presenting Financial Documentation: This type of affidavit focuses on providing comprehensive financial documentation to support the defendant spouse's plea for the modification or removal of alimony provisions based on the plaintiff's remarriage. Financial statements, income records, and other relevant documents might be included. 4. Affidavit of Defendant Spouse Presenting Witness Testimony: In this affidavit, the defendant spouse may include witness statements or testimonies from individuals familiar with the plaintiff's remarriage and its impact on the original alimony provisions. These statements can serve as additional evidence to strengthen the defendant spouse's case. 5. Affidavit of Defendant Spouse Requesting Temporary Suspension of Alimony: This affidavit aims to obtain a temporary suspension or cessation of alimony payments until the court decides on the modification or removal of alimony provisions. The defendant spouse may provide reasons such as financial strain, unfairness, or changed circumstances resulting from the plaintiff's remarriage. Remember, it is essential to consult with a qualified attorney to ensure that specific requirements, regulations, and procedures laid out by Virginia law are followed when drafting and submitting the Virginia 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

A key fact is that there is no right or entitlement to spousal support in Virginia. Whether or not a spouse receives alimony is determined on a case-by-case basis.

What are the factors that go into a spousal support determination? The earning capacity, obligations, needs and financial resources of the parties, including but not limited to income from all pension, profit-sharing or retirement plans, of whatever nature. The standard of living established during the marriage.

Alimony (spousal support) in Virginia is on an indefinite basis. Indefinite alimony can be raised or lowered over time if there is a change of circumstances. Effective July 1, 1997, cohabitation with a member of the opposite sex is now a factor which may justify termination of spousal support.

The formula stated in § 16.1-278. is: (a) 30% of the gross income of the payor less 50% of the gross income of the payee in cases with no minor children and (b) 28% of the gross income of the payor less 58% of the gross income of the payee in cases where the parties have minor children in common.

What is Divorce by Affidavit? An affidavit is a legal document in which one or more parties affirms that a certain set of facts is true. If a couple going through a divorce agrees on all the relevant issues and wants to avoid the hassle and expense of a lengthy court case, they opt for a Divorce by Affidavit.

Marriages that lasted less than five years will often not be granted spousal support at all, unless there is a specific circumstance that warrants it for a short amount of time.

Upon petition of either party the court may increase, decrease, or terminate the amount or duration of any spousal support and maintenance that may thereafter accrue, whether previously or hereafter awarded, as the circumstances may make proper.

The purpose of rehabilitative support is to provide the recipient spouse with the time and financial means necessary to acquire the education or job training required to find employment that will allow that spouse to become financially independent.

More info

This brochure consolidates all of the information that my office can legally provide to the public. If you choose to represent yourself, ... No request for modification of spousal support based on a material change in circumstances or the terms of stipulation or contract shall be denied solely on the ...Cases seeking support from Virginia residents are initiated in the juvenile and domestic relations district court by a petitioner filing a district court form ... The provisions of this subsection shall apply to all orders and decrees for spousal support ... remarriage of the spouse receiving support. The spouse entitled ... 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 ... After you have completed the forms and have signed and notarized them, make 2 complete copies of everything you have signed (one copy is for your records). Make ... Form UD-3 (Affidavit of Service) and Form UD-4 (Sworn Statement of Removal of Barriers to Remarriage) need not be completed, or filed, if the Defendant has ... 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. (1) The court may grant a divorce where a complaint has been filed alleging that the marriage is irretrievably broken and an affidavit has been filed alleging ... Subdivision (b) requires that the averments of the plaintiff's affidavit under. Section 3301(d) of the Divorce Code be denied by counteraffidavit. If the.

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