This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of the obligor spouse's changed financial condition. 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 Obligor Spouse's Changed Financial Condition
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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 Obligor Spouse's Changed Financial Condition?
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FAQ
You allege that there are irreconcilable differences;1 or. you and your spouse have lived separate and apart in different homes without acting as a married couple (cohabitating) for at least one continuous year.
Financial situation ? the judge will look at how much money you need to support yourself and how much income you currently have. The judge will also consider your spouse's financial situation and how much income your spouse would have available to pay Spousal Support.
How long does it take to get a divorce in West Virginia? That depends. If you choose an uncontested, no-fault divorce, where you and your spouse agree on all the issues before going to court, then you can be divorced in 30 to 90 days after initial paperwork has been filed with the court.
§48-5-202. (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.
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.
§48-8-103. (a) Upon ordering a divorce or granting a decree of separate maintenance, the court may require either party to pay spousal support in the form of periodic installments, or a lump sum, or both, for the maintenance of the other party.
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.
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.
Typically, spousal support payments are made from a spouse's income, but if the income isn't enough to cover the support award, the court may require a spouse to transfer the title of separate property. The court will never award more spousal support than what the paying spouse can afford. (W.Va. Code § 48-8-103 (a).)
Does West Virginia Offer Legal Separation? West Virginia doesn't offer legal separation. Instead, you can file for separate maintenance, which is similar to a legal separation and allows the court to determine the same issues as though it was a divorce?but in the end, you're still legally married to your spouse.
