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.
The New Hampshire Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree on Remarriage of Plaintiff is a legal document filed by the defendant spouse in a divorce case in New Hampshire. This affidavit is used to support a motion to modify or remove the alimony provisions of the divorce decree when the plaintiff has remarried. Here is a detailed description of this affidavit: 1. Purpose: The purpose of the New Hampshire Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree on Remarriage of Plaintiff is to provide evidence and arguments to support the defendant spouse's request to modify or eliminate the alimony provisions of the divorce decree due to the plaintiff's remarriage. 2. Filing the Affidavit: The defendant spouse or their attorney must file this affidavit with the court that issued the original divorce decree. It is crucial to adhere to the court's specific filing requirements and procedures regarding affidavits. 3. Identification: The affidavit begins with the defendant spouse's identification information, including their full legal name, address, contact details, and a statement acknowledging their involvement in the divorce proceedings. 4. Divorce Case Details: This section provides essential details related to the divorce case, such as the case number, date of the divorce decree, and the court that issued the decree. It is important to accurately provide this information to ensure the motion is attached to the correct case. 5. Current Circumstances: Here, the defendant spouse outlines their current circumstances, including their financial situation, employment status, and any relevant changes since the divorce decree was issued. These details are crucial in building a case for alimony modification or termination. 6. Plaintiff's Remarriage: The defendant spouse presents the evidence of the plaintiff's remarriage in this section. They may include specific dates, locations, and supporting documentation like a marriage certificate or public records. This evidence substantiates the motion to amend or strike alimony provisions based on the plaintiff's changed marital status. 7. Financial Impact: The affidavit must address the financial impact of the plaintiff's remarriage on the defendant spouse. This may include explaining how the plaintiff's new spouse's income affects their need for alimony or how the remarriage relieves the defendant spouse's financial burdens. 8. Explanation of Request: The defendant spouse explains their reasons for seeking a modification or elimination of the alimony provisions. They may argue that the plaintiff's remarriage has terminated their obligation to provide financial support or demonstrate that the circumstances have changed, making the current alimony terms unfair or inappropriate. It is important to understand that there may be different types of affidavits related to this motion, depending on specific circumstances. For example, there might be separate affidavits for modifying different aspects of the alimony provisions, such as the duration or amount, in addition to requesting outright termination. It is advisable to consult with an attorney to determine the appropriate type of affidavit and ensure compliance with New Hampshire laws and court requirements.The New Hampshire Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree on Remarriage of Plaintiff is a legal document filed by the defendant spouse in a divorce case in New Hampshire. This affidavit is used to support a motion to modify or remove the alimony provisions of the divorce decree when the plaintiff has remarried. Here is a detailed description of this affidavit: 1. Purpose: The purpose of the New Hampshire Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree on Remarriage of Plaintiff is to provide evidence and arguments to support the defendant spouse's request to modify or eliminate the alimony provisions of the divorce decree due to the plaintiff's remarriage. 2. Filing the Affidavit: The defendant spouse or their attorney must file this affidavit with the court that issued the original divorce decree. It is crucial to adhere to the court's specific filing requirements and procedures regarding affidavits. 3. Identification: The affidavit begins with the defendant spouse's identification information, including their full legal name, address, contact details, and a statement acknowledging their involvement in the divorce proceedings. 4. Divorce Case Details: This section provides essential details related to the divorce case, such as the case number, date of the divorce decree, and the court that issued the decree. It is important to accurately provide this information to ensure the motion is attached to the correct case. 5. Current Circumstances: Here, the defendant spouse outlines their current circumstances, including their financial situation, employment status, and any relevant changes since the divorce decree was issued. These details are crucial in building a case for alimony modification or termination. 6. Plaintiff's Remarriage: The defendant spouse presents the evidence of the plaintiff's remarriage in this section. They may include specific dates, locations, and supporting documentation like a marriage certificate or public records. This evidence substantiates the motion to amend or strike alimony provisions based on the plaintiff's changed marital status. 7. Financial Impact: The affidavit must address the financial impact of the plaintiff's remarriage on the defendant spouse. This may include explaining how the plaintiff's new spouse's income affects their need for alimony or how the remarriage relieves the defendant spouse's financial burdens. 8. Explanation of Request: The defendant spouse explains their reasons for seeking a modification or elimination of the alimony provisions. They may argue that the plaintiff's remarriage has terminated their obligation to provide financial support or demonstrate that the circumstances have changed, making the current alimony terms unfair or inappropriate. It is important to understand that there may be different types of affidavits related to this motion, depending on specific circumstances. For example, there might be separate affidavits for modifying different aspects of the alimony provisions, such as the duration or amount, in addition to requesting outright termination. It is advisable to consult with an attorney to determine the appropriate type of affidavit and ensure compliance with New Hampshire laws and court requirements.
