Complaint petition or declarationto declare resulting trust in property purchased by husband with wifes separate fundsseeking form
Fill and Sign the Complaint Petition or Declarationto Declare Resulting Trust in Property Purchased by Husband with Wifes Separate Fundsseeking Form
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IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT, IN AND FOR COUNTY, FLORIDA Case No.: Division: , Petitioner, and , Respondent. Motion for Temporary Restraining Order to Stop the Dissipation of Assets by Respondent and Seeking an Accounting from Respondent Comes now ________________ (Name of Petitioner), Petitioner, in the above- captioned cause, who, by and through her attorney moves the Court to issue a temporary restraining order to stop _________________ (Name of Respondent), Respondent, from continuing to dissipate marital assets, and, as grounds for said Motion, Petitioner would show the following 1. Petitioner is an adult resident of the City of ____________, County of ____________, State of Florida. 2. Respondent is a resident of the City of ____________, County of ____________, State of Florida. 3. Petitioner and Respondent were divorced from each other on _______________ (date) by Order of this Court; however, said Divorce was bifurcated with the financial settlement to be determined at a later date. 4. Since said Divorce, Respondent has engaged in the dissipation of marital assets on a regular basis. 5. (Describe acts of dissipation) ____________________________________________ ________________________________________________________________________________________________________________________________________________________. 6. Petitioner has no adequate remedy at law or otherwise for the harm or damage done or
Threatened to be done to her. (2) if the court approves said motion, it shall thereafter issue and serve an order suspending all rights and privileges of petitioner to receive and retain any marital assets that respondent has the intent to defraud. (3) petitioner's counsel shall attend all hearings, pleadings, and other proceedings as advised by him, and shall take such advice from the court should say order be granted. (4) respondent shall not be entitled to a new trial on the dissipation of marital assets without the permission of the court, nor shall he be permitted to seek to recoup from petitioner any monies or property that he claims to have suffered, as a consequence of the divorce proceeding from which the motion for temporary restraining order is based. (5) the court may require, with or without a finding of fact, that respondent, who has been so ordered to stop dissipation thereof, pay to petitioner the amount of damages that he reckons she is entitled to be awarded under this act and may in its discretion require respondent to reimburse her for the expenses incurred in the action. (6) it may also order that property of respondent, so obtained or recovered, shall become the legitimate property of petitioner if petitioner so requests, and if respondent fails to comply therewith he will be liable for any such loss. 6. Petitioner shall file a certified copy of the complaint, a copy of the order for the temporary restraining order, and a certified copy of the order granting temporary relief with the clerk of the court where the hearing is to take place. (7) should the court at any stage of the proceedings decide against petitioner, it shall promptly inform respondent therein, who may request that the court in its discretion award this relief to him, as petitioner. 7. The court shall immediately fix a date for the return of said petition, and the parties shall, within ten days thereafter, file a reply to the complaint showing which relief they are requesting. 8. The judge or the clerk shall set the case for hearing and hold no hearing if not able to hear said proceeding before the expiration of ten days. (8) no order for restraining the dissipation of marital assets shall be entered in any case where the respondent cannot show the existence of such assets within ninety days after the date of the order for temporary restraining order, which may be extended if the judge finds good reason.
88-17, § 1:824, effective october
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