This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree on the grounds that since this order was made, the conditions and circumstances on which the order was based have materially changed. 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.
North Dakota Affidavit by Obligor Spouse on Application to Modify Order for Alimony
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How to fill out Affidavit By Obligor Spouse On Application To Modify Order For Alimony?
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FAQ
North Dakota is a ?no fault? divorce state. The grounds (reasons) for a no fault divorce is ?irreconcilable differences.? Irreconcilable differences are substantial reasons for not continuing the marriage and which make it appear the marriage shouldn't be resolved.
Adultery is one of the seven fault grounds for divorce in North Dakota. Adultery is the unfaithfulness of one spouse to the other.
North Dakota is not a 50/50, or community property, state. North Dakota is an equitable division state which means all assets considered marital property are divided equitably, not necessarily equally in divorce.
Cheating is one of the most common reasons for divorce, and a judge can take it into account if you file for a fault-based divorce instead of a no-fault divorce. That said, a judge will consider the wasteful dissipation of assets in any divorce case, so infidelity can affect the outcome of a no-fault settlement.
While cheating and adultery will not affect your ability to divorce, it certainly can determine if the divorce no-fault or fault. Additionally, adultery can also have an impact on the decisions made during the divorce process, including alimony and property division.
There is no formula fixed in North Dakota law for determining whether alimony should be paid and if so, in what amount, and the court can award it to either spouse. Of course, one spouse must have the need and the other must have the ability to pay an award.
Section 12.1-20-09 - Adultery 1. A married person is guilty of a class A misdemeanor if he or she engages in a sexual act with another person who is not his or her spouse.
Adultery is one of six ?fault-based? grounds for divorce recognized in North Dakota, and if your partner has stepped out on your marriage, you are going to have to show proof of his or her doing so.