Allegheny Pennsylvania 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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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.

The Allegheny Pennsylvania Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because of Cohabitation By Dependent Spouse is a legal document used in Allegheny County, Pennsylvania, to request the modification or removal of alimony provisions based on a cohabitation situation involving the dependent spouse. This affidavit is filed by the defendant spouse in support of their motion to amend or strike the alimony provisions stated in the existing divorce decree. Keywords: Allegheny Pennsylvania, Affidavit of Defendant Spouse, Motion to Amend, Strike Alimony Provisions, Divorce Decree, Cohabitation, Dependent Spouse. Types of Allegheny Pennsylvania Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because of Cohabitation By Dependent Spouse: 1. Standard Allegheny Pennsylvania Affidavit of Defendant Spouse: This is the most common type of affidavit used to request the modification or removal of alimony provisions in a divorce decree due to cohabitation by the dependent spouse. 2. Motion to Amend Alimony Provisions: This type of affidavit specifically focuses on amending the alimony provisions rather than completely striking them from the divorce decree. It provides detailed reasons and evidence supporting the need for modification. 3. Motion to Strike Alimony Provisions: In cases where the defendant spouse seeks to entirely remove the alimony provisions from the divorce decree as a result of the dependent spouse's cohabitation, this type of affidavit is filed. It argues that the cohabitation undermines the need for continued financial support. 4. Motion to Adjust Alimony Amount: Sometimes, rather than seeking to eliminate or strike the alimony provisions, the defendant spouse may request an adjustment in the amount of alimony based on the cohabitation situation. This type of affidavit substantiates the need for a reduced alimony payment. 5. Counter-Affidavit of Defendant Spouse: In response to the plaintiff spouse's motion to modify or strike alimony provisions due to cohabitation, the defendant spouse may file a counter-affidavit to present their opposing arguments and evidence. This document aims to counter the plaintiff's motion and defend the existing alimony provisions. Each of these affidavits serves a unique purpose in addressing the specific needs and circumstances of the defendant spouse when seeking modification or removal of alimony provisions in Allegheny County, Pennsylvania.

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For more typical cases, examples of documents that can help prove cohabitation (living together) include: Copies of the following, showing both spouses' names: Joint mortgage or lease documents (make sure to include a copy of the entire mortgage or lease) Utility or other bills showing both spouses' names.

Generally, spousal support can be modified only if the decree or agreement included language reserving the court's jurisdiction to do so. If the court finds that spousal support is justified, it must determine reasonableness based on statutory elements.

Unmarried couples who are cohabitating are not given any type of legal status similar to married couples under Ohio law. Instead, they can define their rights and responsibilities through a legal document called a cohabitation agreement.

Some things that might give a picture of cohabitation or provide hallmarks could include;Shared financial responsibilities.Lack of financial independence.Help with maintenance on a home or residence.Living as Husband and Wife.Sexual Contact or intimacy.Shared Assets.Shared Meals.Shared Decision Making.More items...?

A living arrangement whereby a couple who is not married or a couple who is in a civil partnership live together in the same household. The term can apply to opposite sex or same-sex couples. The law gives cohabiting couples fewer rights on separation or death than for civil partners or married couples.

In Ohio, a spousal support award may be affected by cohabitation. However, spousal support in Ohio doesn't automatically end when the supported spouse cohabitates with another person. "Cohabitation" is defined as two unmarried people living together, for a significant time, while sharing day-to-day expenses.

Cohabitation is actually difficult to prove as the terminating factor for spousal support because it's not just proving that the parties are staying together theoretically or that they're living together.

"Cohabitation" is defined as two unmarried people living together, for a significant time, while sharing day-to-day expenses. A divorcing couple can agree in their divorce decree that alimony will end upon the supported spouse's cohabitation whether there is financial support or not.

To prove cohabitation in court, you must collect evidence such as joint rental or lease agreements, shared utility bills, and other shared household expenses.

Joint leases or a letter from your landlord stating that you live at the address, joint utility bills, individual utility bills and letters addressed to you both at the same address are all valid proof of cohabitation.

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Allegheny Pennsylvania Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because of Cohabitation By Dependent Spouse