Divorce DOM Petition

DIVORCE PETITION (DOMESTIC)

Petitioner Name:   Petitioner Address:

Respondent Name:   Respondent Address:

RECITALS

WHEREAS, the parties were lawfully married on in the jurisdiction of ; and

WHEREAS, the parties have experienced an irretrievable breakdown of the marital relationship and have been living separate and apart since ; and

WHEREAS, Petitioner seeks a judicial dissolution of the marriage and requests the Court enter a final decree resolving all issues incident to the termination of the marital relationship.

NOW, THEREFORE

Petitioner petitions the Court and alleges as follows:

1. JURISDICTION AND VENUE

Petitioner is a resident of , and has resided in this jurisdiction for a period sufficient to confer subject matter jurisdiction upon this Court. Venue is proper in County.

2. PARTIES

Petitioner: . Date of birth: .

Respondent: . Date of birth: .

3. GROUNDS FOR DISSOLUTION

The grounds for dissolution are as follows (check all applicable):

Irreconcilable differences that have caused the irremediable breakdown of the marriage.
Adultery by the Respondent.
Cruel and inhuman treatment endangering the life, limb, or health of the Petitioner.
Separation for a continuous period of months as required by statute.

4. CHILDREN

The parties have minor child(ren) of the marriage who are subject to the jurisdiction of the Court. Names and dates of birth:

Petitioner requests the Court enter orders regarding legal custody, physical custody, parenting time, and child support in the best interests of the child(ren) as set forth in the relief requested below.

5. PROPERTY, DEBTS, AND SUPPORT

The parties have acquired both separate and marital property during the course of the marriage. Petitioner requests equitable division of marital assets and liabilities. Petitioner alleges that the marital estate includes, but is not limited to, the assets and liabilities described below:

Petitioner further requests the Court determine spousal support (alimony) rights and obligations under principles of equitable distribution and applicable statutory factors.

6. TEMPORARY RELIEF

Pending final determination, Petitioner requests the following temporary relief (check all requested):

Temporary legal custody and physical custody as set forth by the Court.
Exclusive use of the marital residence by Petitioner.
Temporary spousal support in the amount of $ per month.
Temporary award of attorney's fees and costs to Petitioner.

7. MARITAL SETTLEMENT

The parties have executed a written Marital Settlement Agreement that resolves all issues between them, or have not resolved all issues. If an agreement exists, a copy is attached or will be submitted to the Court.

8. SERVICE AND NOTICE

Petitioner requests that Respondent be served with process in accordance with the rules of civil procedure. Respondent may waive formal service by signing a waiver of service. Petitioner requests the Court order any alternate methods of service if Respondent cannot be located with reasonable diligence.

Service preference: In-person    By mail    By publication.

9. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that the Court enter a Final Decree dissolving the marriage and adjudicating the following:

1. That the marriage between Petitioner and Respondent be dissolved and the parties restored to single status;
2. That the Court equitably divide marital property and liabilities;
3. That the Court enter orders for custody, parenting time, and child support in the best interests of the child(ren);
4. That the Court determine spousal support (temporary and/or permanent) as appropriate;
5. That the Court award attorney's fees and costs to the prevailing party as justice requires;
6. Such other and further relief as the Court deems just and proper. Specify additional relief:

10. VERIFICATION

I, the undersigned Petitioner, declare under penalty of perjury under the laws of this jurisdiction that the foregoing statements are true and correct to the best of my knowledge and belief.

11. MISCELLANEOUS PROVISIONS

Governing Law: This Petition shall be governed by the laws of the State in which this Court sits. The Court shall retain continuing jurisdiction to enforce, modify, or interpret any orders issued herein.

Entire Agreement: Any written Marital Settlement Agreement executed by the parties and approved by the Court shall constitute the entire agreement between the parties respecting the matters addressed therein and supersede any prior agreements.

Severability: If any provision of this Petition is found by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Amendments and Waiver: No amendment, waiver, or modification of this Petition shall be effective unless in writing and executed by the party against whom enforcement is sought. The failure to enforce any provision shall not constitute a waiver of that provision.

Notices: All notices required or permitted under this Petition shall be given in writing and delivered to the addresses set forth above or such other addresses as the parties may designate in writing.

Counterparts: This Petition may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one instrument.

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