Virginia Affidavit by Obligor Spouse on Application to Modify Order for Alimony

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US-00005BG-I
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Description

This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree on the grounds that since this order was made, the conditions and circumstances on which the order was based have materially changed. 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.

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FAQ

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.

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 ...

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.

A final decree of divorce is the court's formal order granting a termination of a marriage. If the case goes to trial and the judge issues a judgment, the judgment is confirmed when the decree is signed and dated by the judge and court clerk.

Once you have been separated for six months or one year, the steps in an uncontested divorce can be completed relatively quickly. Depending on how fast you can agree on and sign a property settlement agreement and the judge's availability, your divorce can be finalized in approximately one to two months.

In either case, the final decree of divorce is the court order that ends the marriage and brings the case to a close: The spouses in an uncontested divorce can incorporate their separation agreement into a decree and present it to the judge for signature, either in person or by affidavit.

Virginia Code § 20-109 governs the modification of spousal support awards. Spousal support (even ?permanent support?) can be raised, lowered, or terminated if there is a change of circumstances in the life of the person paying support, or the person receiving the support.

A divorce by affidavit dissolves the marriage. It sets out the terms you and your spouse have agreed on for child support, alimony, and child custody. You can only use this process if you and your spouse have reached an agreement.

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Virginia Affidavit by Obligor Spouse on Application to Modify Order for Alimony