Maryland Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree on Remarriage of Plaintiff

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US-00002BG-I
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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

Maryland is a fault-based state, and adultery is one of the legal grounds for divorce. However, judges do not typically give a lot of weight to adultery because it can be difficult to prove and often involves hearsay. Only adultery that is proven may impact divorce litigation.

A: To request a modification of alimony, consult a family law attorney to understand your options and prepare a motion. File the motion with the court and serve notice to the other party. Present your case at the court hearing, providing evidence supporting the need for modification.

The new law is ELIMINATING six grounds for divorce, including Adultery, Desertion, Criminal Convictions, 12 month separation, Insanity and Cruelty of Treatment or excessively vicious conduct towards a spouse and/or child.

6-Month Separation ? You and your spouse have lived separate and apart, without interruption, for at least six months before filing a complaint for absolute divorce. You can still live under the same roof but must pursue separate lives. The separation can also be based on a court order, such as a protective order.

Once a judgment of absolute divorce is entered, the parties are free to remarry. After an absolute divorce, one party can no longer inherit property from the other, and any property owned by them jointly as husband and wife automatically becomes property held in common (each owns one-half).

Once a Marital Separation Agreement has been reached, a Maryland divorce usually takes 30 to 120 days to become final. However, the length of time can vary depending on the specific court, caseload, and availability of judges.

In your Answer, you will need to admit or deny each allegation. If an allegation is untrue, you should deny that allegation. Some allegations, depending on the circumstances, you may not be able to admit or deny. When filing your Answer, you should also file a Counter-Complaint for Absolute Divorce.

Answer: Yes, in addition to being correctly signed and witnessed, an affidavit must be notarized in order to be legally binding.

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Maryland Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree on Remarriage of Plaintiff