This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of cohabitation by dependent 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.
Title: Salt Lake Utah Affidavit of Defendant Spouse: Motion to Amend or Strike Alimony Provisions of Divorce Decree Based on Cohabitation by Dependent Spouse Keywords: Salt Lake Utah, Affidavit of Defendant Spouse, Motion to Amend or Strike Alimony Provisions, Divorce Decree, Cohabitation, Dependent Spouse. Introduction: The Salt Lake Utah Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because of Cohabitation By Dependent Spouse is a legal document filed by the defendant spouse in a divorce case. This affidavit aims to request the court to modify or eliminate alimony payments agreed upon in the divorce decree, primarily due to the dependent spouse's cohabitation with another person. Types of Salt Lake Utah Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions: 1. Affidavit of Defendant Spouse Seeking Modification of Alimony Provision: This is the most common type of affidavit where the defendant spouse requests the court to modify the existing alimony provisions. The basis for the modification is the dependent spouse's cohabitation with a new partner, which may impact their financial needs and abilities. 2. Affidavit of Defendant Spouse Seeking Elimination of Alimony Provision: In this type of affidavit, the defendant spouse seeks to completely eliminate the alimony provision from the divorce decree. They assert that the dependent spouse's cohabitation demonstrates their ability to support themselves financially, thereby rendering alimony unnecessary and unjustified. 3. Affidavit of Defendant Spouse Presenting Evidence of Cohabitation: This affidavit focuses on providing concrete evidence documenting the cohabitation arrangement of the dependent spouse. The defendant spouse submits proof of shared residence, joint finances, or any other relevant evidence indicating an established and supportive living arrangement with another person. Content of the Affidavit: 1. Overview of the Case: The affidavit begins with an introduction specifying the parties involved in the divorce case, details of the divorce decree, and the specific alimony provisions that the defendant spouse seeks to amend or strike. 2. Assertion of Cohabitation: The defendant spouse provides detailed information regarding the dependent spouse's cohabitation arrangement. This includes the name of the cohabiting individual, the duration of their cohabitation, and any supporting evidence or witnesses who can verify the relationship. 3. Financial Impact: The affidavit highlights the financial impact and lifestyle changes resulting from the cohabitation. It emphasizes how the dependent spouse's needs have been reciprocally fulfilled through the cohabiting partner, potentially rendering continued alimony payment unnecessary. 4. Supporting Evidence: The defendant spouse attaches relevant documents, such as lease agreements, joint bank account statements, bills shared by the cohabiting couple, and any other evidence to validate the claim of cohabitation. 5. Legal Arguments: The affidavit presents legal arguments supported by applicable laws and precedents that justify the requested modification or elimination of the alimony provision. It may include discussion points related to the dependent spouse's reduced financial need, their cohabitation's significant lifestyle changes, or any unfair burden on the defendant spouse. 6. Conclusion: The affidavit ends with a concise summary of the reasons for seeking the modification or elimination of the alimony provision. It emphasizes that the cohabitation demonstrates the dependent spouse's financial independence and undermines the original basis for alimony. Paying careful attention to the specific requirements outlined in the Salt Lake Utah jurisdiction is crucial when drafting this affidavit. Consulting with a legal professional is recommended to ensure compliance with local laws and procedures.
