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.
Divorce Modification With Agreement In Hennepin
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State:
Multi-State
County:
Hennepin
Control #:
US-00004BG-I
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FAQ
The party seeking to re-open a Decree has the burden of proof. In addition, there are strict time limitations in order to even bring a motion to re-open a Divorce Decree. In the event of clerical errors, a Divorce Decree can also be modified by the Court either on its own initiative or upon the motion of a party.
Yes, if all involved parties are in agreement with the change and sign off on it. If the mediation is the result of a court action the change must take place before it becomes a record of the court. Otherwise you must petition the court for a change.
In Minnesota, you may be able to modify your divorce decree if there has been a substantial change in circumstances, such as: A significant increase or decrease in either party's income. A change in the needs of the children. A change in the custodial arrangement.
Contact the other party to discuss the term (or terms) in the settlement agreement requiring amendment. You should, however, be ready to compromise to reach a mutually acceptable deal. As both parties will need to agree on any changes before the court will grant approval.
However, if you received a truly unfair or unjust divorce settlement, you may be able to ask a court to reopen your case and take a second look at how the deal was made and whether or not it's unjust.
You can always renegotiate at any point as long as the divorce agreement has not been finalized. If the papers have already been signed, your lawyer must present a strong argument to the judge explaining that you wish to make a change based on some tangible reason, but the request may be denied.
Yes, you can amend a marital settlement, with both parties agreeing.
Yes, you can amend a marital settlement, with both parties agreeing.