Divorce Petition Form

DIVORCE PETITION

In the for the County of , State of . Case No.:

Petitioner: Respondent:

RECITALS

WHEREAS, the parties were lawfully married on ; and the marriage is irretrievably broken.

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

WHEREAS, the Petitioner seeks a final decree dissolving the marriage and equitable division of community and separate property, allocation of debts, determination of custody and support for the minor children, and any temporary relief the Court deems appropriate.

NOW, THEREFORE

Petitioner respectfully petitions the Court for relief as set forth below and alleges the following facts and grounds for dissolution.

1. JURISDICTION

1.1 Petitioner is a resident of the County of and has been domiciled in this state for at least the period required by law.

1.2 Respondent is a resident of the County of (if unknown, state last known residence).

2. PARTIES

2.1 Petitioner: , born .

2.2 Respondent: , born .

3. GROUNDS FOR DISSOLUTION

The grounds for dissolution are set forth below. Petitioner checks the grounds that apply:

Irreconcilable differences making further marriage impracticable.
Adultery by the other party.
Abandonment for the statutory period.
Cruelty or abusive treatment.
Other grounds (explain):

4. CHILDREN OF THE MARRIAGE

4.1 The following minor children were born to or adopted by the parties:

4.2 Petitioner requests custody orders as set forth in the proposed parenting plan below and in any temporary orders the Court deems necessary.

5. CHILD SUPPORT

5.1 Petitioner requests the Court to order child support in an amount consistent with applicable guidelines and the needs of the children. If temporary support is requested, state amount:

6. SPOUSAL SUPPORT (ALIMONY)

6.1 Petitioner requests spousal support as necessary for maintenance and rehabilitation based on need, duration of marriage, and respective earning capacities.

7. PROPERTY AND DEBTS

7.1 The parties possess community and separate property and debts. Petitioner requests an equitable distribution as follows:

8. TEMPORARY RELIEF

9. ATTORNEYS AND FEES

Petitioner requests that costs and attorney fees be awarded as the Court deems just and equitable.

10. REQUEST FOR RELIEF

Petitioner requests that the Court enter a Decree that:

a) Dissolves the marriage of the parties and restores them to the status of unmarried persons;
b) Makes equitable division of property and allocation of debts as set forth above;
c) Enters custody, visitation, and child support orders in the best interests of the children;
d) Awards spousal support as appropriate;
e) Orders payment of costs and reasonable attorney fees; and
f) Grants such other and further relief the Court deems just and proper.

11. VERIFICATION

I, the undersigned Petitioner, declare under penalty of perjury under the laws of the State named above that the allegations contained in this Petition are true and correct to the best of my knowledge and belief.

12. NOTICES

All notices required or permitted under this Petition shall be in writing and shall be served at the addresses set forth above or at any other address provided in writing to opposing counsel or party.

13. AMENDMENTS; WAIVER; COUNTERPARTS

This Petition may be amended by leave of Court. No waiver of any provision of this Petition shall be effective unless in writing and signed by the waiving party. This Petition may be executed in counterparts, each of which shall be deemed an original.

14. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

This Petition shall be construed and enforced in accordance with the laws of the State named above. This Petition contains the entire statement of Petitioner’s claims for relief and supersedes any prior statements or agreements with respect to the matters addressed herein. If any provision of this Petition is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Sign Now