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.
Virginia 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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How to fill out 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
The Virginia alimony modification statute allows either ex-spouse to petition the court to increase, decrease or terminate a spousal support award's amount or duration, if there has been a ?material change in circumstances? and if those circumstances make modification ?proper.? The change in circumstances must not have ...
Consult with a Virginia Divorce Attorney Today If you can show that there was a significant change in your circumstances from the time of agreement to now, you may be able to have your agreement modified.
Under Virginia law, married people are financially responsible for each other--the husband has a duty to support his wife, and the wife has a duty to support her husband. Additionally they are both responsible for one another's debts. This duty lasts until the final Decree in Divorce is granted.
Virginia Code § 20-107.1 gives courts the authority to award post-divorce spousal support. The court can award rehabilitative support or permanent support. Rehabilitative support is temporary, and it ends upon completion of the duration set by the court.
HOW DO I GET SPOUSAL SUPPORT? You file a Petition for Spousal Support in the Juvenile and Domestic Relations Court (J&DR) in the county or city where your spouse lives. You can do this by yourself, without an attorney, and without a filing fee. The court will usually hear your petition within a few weeks.
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.
For spousal support to be modifiable, there needs to have been a material change in circumstances since the date of the court order establishing the initial obligation. But not all such changes in circumstances justify a modification of support. In general, the change must be involuntary.
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.