Bifurcated Divorce

Joint Petition for Bifurcated Divorce

IN THE COURT OF (County), (State)

PETITIONER
(Name of Petitioner) CAUSE NO.

V.
RESPONDENT
(Name of Respondent)

Petitioner and Respondent jointly complain and allege as follows:

I. Petitioner and the Respondent are bona fide residents of County, State of and have been for at least months immediately prior to the filing of this action.

II. Petitioner and the Respondent were married on in , County of and are presently married. The parties separated on or about

III. During the course of the marriage the parties have experienced difficulties that cannot be reconciled that have prevented the parties from pursuing a viable marriage relationship.

IV. All matters involving property of the marriage, both real and personal, have been resolved and the terms agreed to with the exception of the following:

A. (Sample) The custody of our minor child born in , after Petitioner and Respondent had separated, including visitation rights, child support and payments for future health, education, and medical expenses;

B. (Sample) Unpaid medical expense of said child incurred as a result of his birth;

C. (Other)

V. With the exception of the matters set forth in Paragraph IV, all other issues have been settled as set for in the Separation and Property Settlement Agreement attached hereto as Exhibit A. With the exception of those debts mentioned in said Paragraph IV, all debts have likewise been resolved by the parties in the Separation and Property Settlement Agreement attached herein as Exhibit A.

VI. (Sample) Petitioner and Respondent are in agreement that neither party should be awarded alimony from the other.

VII. (Sample) No other children have been born to this marriage.

VIII. is the home State of said minor child pursuant to (Cite State Statute).

IX. Pursuant to Rule (Cite Appropriate Rule of Civil Procedure), Code of Civil Procedure, the Petitioner and Respondent state, upon information and belief, that there are no proceedings for custody of the said minor child filed or pending in Juvenile Court. Neither the Petitioner nor Respondent have participated in any other litigation concerning the custody of said child nor do the Petitioner or Respondent have information about any custody proceeding concerning the said minor child in this State or any other state.

X. Neither Petitioner nor Respondent know of any person, not a party to these proceedings, who has physical custody of the said minor child and/or who claims to have custody, or parent-time or visitation rights with respect to said child.

XI. Neither the Petitioner nor the Respondent have received or is receiving public assistance from the State of .

XII. Prior to any Petition being filed to change any provision of the final Decree of Divorce, the parties agree that they must attempt to resolve the issues described in Paragraph IV through mediation.

XIII. Both Respondent and Petitioner are willing to resolve the issues set forth in Paragraph IV through mediation.

XIV. Respondent should be restored the use of her former name of ,

XV. The Court should grant such other and further relief as it may deem just and appropriate in this matter.

WHEREFORE, Petitioner and Respondent pray that a divorce be granted pursuant to the terms set forth in this Petition and the Separation and Property Settlement Agreement attached hereto as Exhibit A, with the issues described in Paragraph IV being resolved through mediation.

, being first duly sworn and under oath, depose and says that they are the Petitioner and Respondent in the above-entitled action; that each has read the foregoing Petition and understands the contents thereof, and the same is true of their own knowledge.

(Oaths may vary by jurisdiction)

STATE OF

COUNTY OF

(Name of Petitioner) appeared before me on the and with satisfactory evidence to prove to me his identity. He then signed this document in my presence and affirmed that he had read this document and understood its contents and that the contents were true to his personal knowledge.

DATED this day of , 20.

________________________
Notary Public or Deputy Clerk

Petitioner's Address:

STATE OF

COUNTY OF

(Name of Respondent) appeared before me on the and with satisfactory evidence to prove to me her identity. She then signed this document in my presence and affirmed that she had read this document and understood its contents and that the contents were true to her personal knowledge.

DATED this day of , 20.

________________________
Notary Public or Deputy Clerk

Respondent's Address: