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Affidavit of Defendant Spouse in Support of Motion to Amend or Strike...

Alimony Spouse Support For Cheating In Michigan

Category:

Family Law - Divorce - Affidavits

State:

Multi-State

Control #:

US-00002BG-I

Format:

Instant download

Description

This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree on the remarriage of the plaintiff former 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.

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FAQ

Financial Need: Alimony is often determined by the financial needs of the lower-earning spouse. If the cheating spouse is in a position where they require support to maintain a reasonable standard of living after the divorce, courts may award alimony regardless of their infidelity.

Can you get alimony if your husband cheated? In the United States, adultery won't and can't affect alimony. State laws prescribe when a spouse is eligible for alimony. Except in a very few jurisdictions, divorce courts have no power to punish an adulterous spouse.

No-fault divorce is the standard in Michigan, which means that you cannot initiate divorce proceedings because of infidelity in most cases. However, proof of marital misconduct could help during property division matters.

So a spouse's adultery can have a direct impact on whether a judge believes alimony is warranted in a case. At first blush that might seem like contradictory thinking—the state prohibits using adultery as a reason to get a divorce, but allows it to come into play in alimony decisions.

The act of cheating is a painful betrayal of trust, but for California divorce courts, the issue is usually irrelevant. California is a no-fault divorce state. This means that divorces in California are based on “irreconcilable differences,” not on what a spouse did or didn't do.

Adultery can be used as grounds for divorce but complicates the proceedings. Infidelity can impact the property division if marital funds were involved in the affair. Alimony can be influenced by adultery in some instances. Child custody is affected by adultery when the affair directly impacts the child.

As with alimony, adultery can affect judges' decisions on other issues in a Michigan divorce. You might see this crop up with child custody or the division of property.

More info

As with alimony, adultery can affect judges' decisions on other issues in a Michigan divorce. Martial fault, including cheating, can be a factor in alimony decisions, but there's no law saying a cheating spouse can or can't get spousal support.There are three remedies for a cheating spouse in Michigan divorce law. The first is criminal and the second and third are civil remedies. Judges may consider infidelity when determining alimony if it significantly affected the marriage's financial aspects or emotional wellbeing. Spousal support is decided on a case-by-case basis. Sometimes spousal support is needed to make sure both parties are taken care of after a divorce. Whether cheating was involved on either side does not matter in this decision. However, cheating can still impact your Michigan divorce case. If your spouse has discovered you are having an affair or had an affair, you should immediately consult with a family law attorney or divorce lawyer.

Alimony Spouse Support For Cheating In Michigan

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Can you get alimony if your spouse cheated?

Can you get alimony if your spouse cheats?

Can you sue your spouse for cheating in Michigan?

Does cheating affect alimony in Michigan?

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What am I entitled to if my husband cheated?

Does infidelity matter in Michigan divorce?

Do you lose alimony if you cheat?

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