Divorce Complaint Form

DIVORCE COMPLAINT FORM

In the Court of: County of: State of:

Case No.:

Petitioner Name: Petitioner Address:

Respondent Name: Respondent Address:

RECITALS

WHEREAS, the parties were lawfully married on in ; and

WHEREAS, the marriage between Petitioner and Respondent has irretrievably broken down, with continuous separation since on or about ; and

WHEREAS, the parties desire that the Court determine the respective rights, duties and obligations arising from the marital relationship and divide the property and debts of the parties, determine custody and support of minor children, and grant such other relief as is just and proper.

NOW, THEREFORE

Petitioner hereby alleges and prays to the Court as follows:

1. JURISDICTION

1.1 This Court has jurisdiction over the parties and the subject matter of this action. Petitioner has been a resident of the State for a period sufficient to confer jurisdiction under the laws of this State. Petitioner has resided in this county for at least months preceding the filing of this Complaint.

2. MARRIAGE

2.1 The parties were married as set forth above and have since either separated or been living separate and apart. There are no legal impediments to the granting of a decree of dissolution other than those stated in this Complaint.

3. GROUNDS FOR DIVORCE

3.1 Petitioner alleges the following statutory grounds for dissolution (check all that apply and provide supporting facts in the attached statement where required):

No-fault irretrievable breakdown or irreconcilable differences
Adultery
Cruelty or abusive conduct
Desertion
Other (describe below)

4. CHILDREN OF THE MARRIAGE

4.1 There are minor child(ren) of the marriage. The names, dates of birth, and current residence of each minor child are as follows:

4.2 Petitioner requests the Court to make appropriate orders regarding legal custody, physical custody, visitation schedules, child support, and health insurance coverage in the best interests of the child(ren).

5. PROPERTY, LIABILITIES AND SUPPORT

5.1 The parties own real and personal property and owe certain debts. Petitioner requests equitable division of marital assets and liabilities. The parties' known assets and liabilities are briefly described below and further detailed in any schedules to be filed with the Court.

5.2 Petitioner requests temporary and permanent spousal support as the Court deems just and appropriate given the parties' needs, earning capacity, age, health, and standard of living during the marriage.

6. TEMPORARY RELIEF

6.1 Pending final determination, Petitioner requests that the Court issue temporary orders necessary to preserve the status quo and the safety and welfare of the parties and minor children, including but not limited to:

- Exclusive use and possession of the family home by ;
- Temporary custody/visitation orders for the minor children as requested in this Complaint;
- Temporary child support and spousal support as appropriate;
- Restraining orders preventing dissipation of assets or harassment of the other party.

7. SERVICE

7.1 Petitioner will cause the Respondent to be served with the Summons and a copy of this Complaint in accordance with the rules of civil procedure. If Respondent cannot be located, Petitioner will seek alternative service or substituted service as permitted by law.

8. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that the Court enter a judgment and decree as follows:

A. Dissolve the marriage between Petitioner and Respondent and enter a final judgment of divorce;
B. Determine the custody, parenting time, and support of the minor child(ren) and enter appropriate orders for child support, medical insurance, and educational expenses;
C. Order a fair and equitable division of all marital property and liabilities;
D. Award temporary and/or permanent spousal support as the Court deems just and appropriate;
E. Award attorney's fees, costs of suit, and other relief the Court deems necessary to effectuate the orders of the Court; and
F. Grant such other and further relief as the Court deems just and proper.

9. NOTICES

9.1 All notices, pleadings, and communications intended for the parties shall be sent to the addresses listed above unless and until a party files with the Court a written notice of change of address.

10. AMENDMENTS, WAIVER, SEVERABILITY

10.1 Petitioner reserves the right to amend this Complaint to conform to any facts discovered or circumstances that come to light prior to trial.
10.2 The failure of any party to insist upon strict performance of any provision of this Complaint or any subsequent order shall not constitute a waiver of the party's rights.
10.3 If any provision of this Complaint is held invalid or unenforceable, the remainder of the Complaint shall remain in full force and effect.

11. GOVERNING LAW

11.1 This Complaint and the rights of the parties shall be governed by and construed in accordance with the laws of the State in which this Court sits.

12. VERIFICATION

I declare under penalty of perjury under the laws of the State named above that the foregoing is true and correct to the best of my knowledge and belief.

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