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.
West 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
ARTICLE 5. DIVORCE. (a) A divorce may be ordered when the parties have lived separate and apart in separate places of abode without any cohabitation and without interruption for one year. The separation may occur as a result of the voluntary act of one of the parties or the mutual consent of both parties.
First, an Important Reminder: You have 20 DAYS from the date you were served with the Petition For Divorce to serve the Petitioner with your Answer; or 30 DAYS if you were served by publication!
ARTICLE 5. DIVORCE. (a)(1) In the discretion of the court, an award of spousal support may be reduced or terminated upon specific written findings by the court that since the granting of a divorce and the award of spousal support a de facto marriage has existed between the spousal support payee and another person.
§48-8-101. (b) Spousal support is divided into four classes which are: (1) Permanent spousal support; (2) temporary spousal support, otherwise known as spousal support pendente lite; (3) rehabilitative spousal support; and (4) spousal support in gross.
It may consider all relevant information including marital fault in determining the amount and duration of alimony. This means the needs, abilities, incomes and other factors. In order for spousal support to be awarded, partners must be living apart, ing to West Virginia Code section 48-8-101(c).
A divorce may be ordered for adultery. Adultery is the voluntary sexual intercourse of a married man or woman with a person other than the offender's wife or husband. The burden is on the party seeking the divorce to prove the alleged adultery by clear and convincing evidence.
There are four kinds of alimony, known as spousal support in West Virginia: Permanent spousal support can last until either you or your spouse dies. Temporary spousal support (known as ?pendente lite?) is for a limited time and ends under specific circumstances.
Here in West Virginia, there are four classes of alimony: Permanent spousal support ? This is an award of support for the lifetime of the recipient. Temporary spousal support, or pendente lite ? This support order is in force during the divorce process and lasts until the court issues a final divorce decree.