Divorce Motion Template

DIVORCE MOTION TEMPLATE

Court:    County:    State:

Case Number:    Judge:

Petitioner Name:    Address:

Respondent Name:    Address:

RECITALS

WHEREAS, the parties above-named were lawfully married on , and since that date have resided in the State identified above; and

WHEREAS, the parties have lived separate and apart since , and reconciliation is not reasonably probable; and

WHEREAS, the Petitioner seeks a decree dissolving the marriage and entry of orders relative to custody, support, property division, and other relief as set forth below.

NOW THEREFORE, Petitioner respectfully moves the Court for entry of an order dissolving the marriage and granting the relief requested in this Motion.

1. JURISDICTION AND VENUE

1.1 The Court has jurisdiction over this action pursuant to the residency and domicile requirements of this State. Petitioner is a resident of the State identified above and has been domiciled in this County for the period required by law for the maintenance of an action for dissolution of marriage.

1.2 Venue is proper in this County because it is the county of residence of or because the parties last cohabited in this County.

2. PARTIES

2.1 Petitioner is and is competent to proceed.

2.2 Respondent is .

3. MARRIAGE, SEPARATION, AND GROUNDS

3.1 The parties were married on in .

3.2 The parties separated on and since such separation their marital relationship has irretrievably broken down.

3.3 Grounds for dissolution (check all that apply):
No-fault irreconcilable differences
Adultery
Cruelty or abuse
Desertion or abandonment
Other:

3.4 Explanation of factual basis for the grounds checked:

4. CHILDREN

4.1 The parties have the following minor children of the marriage (list full name and date of birth):

4.2 Custody and parenting time requested (state proposed legal custody arrangement, physical custody, and visitation schedule):

4.3 Child support requested: per

5. PROPERTY, ASSETS, AND DEBTS

5.1 A full and accurate accounting of all marital and separate property, including real property, personal property, retirement accounts, bank accounts, and business interests, is set forth below or attached as an exhibit.

5.2 Debts and liabilities to be apportioned:

6. TEMPORARY AND PERMANENT RELIEF REQUESTED

Petitioner requests the following temporary and permanent relief pending final decree (check all that apply and provide details where requested):

Temporary custody in accordance with the proposed parenting plan
Temporary child support in the amount of per
Temporary spousal support in the amount of per
Exclusive use and possession of the marital residence by
Award of attorney fees and costs to Petitioner in an amount to be determined
Other relief:

7. ATTORNEY'S FEES AND COSTS

Petitioner requests that the Court, in its discretion, award reasonable attorney's fees and costs to the prevailing party or as justice requires, considering the respective financial resources and the conduct of the parties.

8. NOTICE AND SERVICE

8.1 Petitioner will effectuate service of process upon Respondent in accordance with the rules of civil procedure. Service may be made personally or by any method authorized by law if personal service is not feasible.

8.2 All notices required by this Motion shall be sent to the addresses provided above unless a party notifies the other in writing of a different mailing address.

9. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that the Court:

1. Grant a decree dissolving the marriage between the parties;
2. Make such orders as are necessary and appropriate concerning custody, parenting time, child support, and spousal support;
3. Equitably divide marital property and apportion marital liabilities;
4. Award temporary and permanent relief as requested herein, including attorney's fees and costs where justified; and
5. Grant such other and further relief as the Court deems just and proper.

10. VERIFICATION

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

11. MISCELLANEOUS PROVISIONS

Governing Law: This Motion and any resulting orders shall be governed by the laws of the State identified above.

Entire Agreement: This Motion constitutes the complete statement of Petitioner’s requested relief and supersedes prior statements or informal agreements between the parties to the extent inconsistent with the requests contained herein.

Severability: If any provision of this Motion is held invalid or unenforceable, the remaining provisions shall continue in full force and effect insofar as practicable.

Amendments; Waiver; Counterparts: This Motion may be amended by written amendment filed with the Court. Failure to insist on strict performance of any provision shall not constitute a waiver. This Motion may be executed in counterparts, each of which shall be deemed an original.

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