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

Motion To Strike In Divorce Case In Travis

Category:

Family Law - Divorce - Affidavits

State:

Multi-State

County:

Travis

Control #:

US-00004BG-I

Format:

Instant download

Description

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.

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FAQ

About the motions A “motion” is a request you file with the court asking the court to do something—in this case, to change or enforce your order. The three motions are: Motion to Modify. Motion to Enforce. Motion for Contempt.

They can be reactivated (sometimes called reopened) upon proper motion. This sounds as if there is a prior divorce that is inactive but, just in case someone tries to reopen it, it has been reassigned from Judge A to Judge B. That is not the same are reactivating it, just for planning in case it is reopened.

The general rule is that you have approximately 1 year from the entry of Judgment of Divorce to re-open the divorce. However, there can be exceptions, such as fraud. If you can affirmatively prove that your husband committed fraud, you may be able to re-open your divorce.

Motion to Reopen Select Bankruptcy menu. Select Motions/Applications . Enter the case number using correct format and ensure case name and number match the document you are filing. Select Document event: Reopen. Select the party filer. Browse, verify and attach the document (PDF file). Modify text if applicable.

In order to reopen the case a motion would have to be filed in the state where the divorce case was created and the divorce was granted in. You would need an attorney who is licensed to practice in that state to file the motion on your behalf.

You can E-File using this link: eFileTexas | Official E-Filing System for Texas, mail to Travis County District Clerk, PO Box 679003, Austin, TX 78767 or hand deliver documents to us by appointment only. Call (512) 854-9457 or send an email to District.eFile@traviscountytx for any questions.

C.C.P. § 436 allows for a motion to strike “any irrelevant, false, or improper matter asserted in any pleading” or portion of a pleading “not drawn of filed in conformity with the laws of this state.” A motion to strike is proper “when a substantive defect is clear from the face of a complaint.” (PH II, Inc.

A motion to strike must be made before a responsive pleading, if a responsive pleading is permitted. If no responsive pleading is permitted, a motion to strike must be made within 21 days after being served with the pleading.

As with all motions, a motion to strike must state with particularity the grounds for seeking the order to strike, as well as the relief sought. FRCP 7(b); Smart Code®. Under FRCP 12(f), the court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter.

More info

Understand affirmative defenses and motions to strike in trial procedures. The District Clerk will file all other new cases by.A motion to strike is a request to a judge that part of a party's pleading or a piece of evidence be removed from the record. Enforcing a divorce decree or court order that an ex-spouse is not following can be done through either a motion for enforcement or contempt. Joey finds himself in a tugofwar between two spouses in the midst of a divorce proceeding to end their extremely short and childless marriage. You should be able to do a joint motion and order to dismiss your petition and his counterclaim on the basis that you have reconciled. Motion for Temp Relief. 2024DR0700917. File in the appropriate court. Enforcing a divorce decree or court order that an ex-spouse is not following can be done through either a motion for enforcement or contempt. ALL pleadings and Court orders MUST appear neat, clean, with no smudges or strike-overs. 2.

Motion To Strike In Divorce Case In Travis

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