Spouse motion 2026

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The document is an affidavit submitted by the Defendant in a divorce case, stating compliance with alimony payments as per a Final Judgment of Divorce. The Defendant claims to have discovered that the Plaintiff is cohabiting with another person, which may provide grounds to request the court to modify or annul the alimony provisions. The affidavit includes personal details of the Defendant, the date of discovery, and a certification of service to relevant parties.

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Click ‘Get Form’ to open the spouse motion in the editor.
Begin by entering the court name, county, and state at the top of the form. This information is crucial for identifying the jurisdiction.
Fill in the names of both the plaintiff and defendant in their respective sections. Ensure accuracy to avoid any legal complications.
In the affidavit section, provide your full name and address as the defendant. This establishes your identity in relation to the case.
State the date when the Final Judgment of Divorce was entered and summarize any alimony provisions from that judgment clearly.
Indicate how much alimony you have paid to date, ensuring that this figure is accurate and reflects all payments made.
Detail any new information regarding cohabitation by the plaintiff, including names and addresses as required.
Finally, sign and print your name at the bottom of the affidavit section before submitting it for notarization.

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Got questions?

We have answers to the most popular questions from our customers. If you can't find an answer to your question, please contact us.

Can you sue your spouse during divorce?

The simple answer to your question is that the only way to sue your husband is in the context of a divorce. You cannot, for instance, stay married to him and sue him as a Defendant as you would sue a contractor who did bad work in your home. Only option is a divorce.

Is a spouse moving out of the house considered abandonment?

However, the act of moving out on its own does not constitute abandonment. The spouse alleging abandonment typically has to prove that there was a total cessation of practical support and financial contributions.

Can you sue your spouse during a divorce?

In California, the question of Can I sue my spouse? sometimes comes up during divorce or separation. Civil claims between spouses are allowed but there are also restrictions, especially during family law cases.

How to prevent wife from getting half?

With the right evidence, such as photographs, records, witness testimony, and documentation of the distressing behavior, you can build a compelling case. Emotional distress claims are an important legal recourse for those who have suffered psychological harm due to an ex-spouses actions.

What happens when you file a motion in family court?

You file a motion in the same court that heard (or is still hearing) your case, and the same judge is likely to consider the motion. Filing a motion wont open a new case. Because a motion adds more information, prompts arguments and poses more questions for the court to decide, it will make your case take longer.

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What does a motion mean in a divorce?

If you are facing a family law case, such as divorce or child custody, the requests for legal orders that you or the other party make to the court before your court date are called motions. A motion is a document filed with the Court asking the Court to take a specific action for you, or the other party.

Spouse motion 2026

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