Divorce Summons Form

DIVORCE SUMMONS

Court Name:   County:   State:   Case No.:

Petitioner Name:   Petitioner Address:

Respondent Name:   Respondent Address:

Recitals

WHEREAS, the parties were lawfully married on and since that date have resided at separate addresses or together as described above; and

WHEREAS, the parties have experienced an irretrievable breakdown of the marital relationship as of such that reconciliation is not reasonably probable; and

WHEREAS, the Petitioner seeks a judicial dissolution of the marriage and requests the court enter orders regarding division of assets and liabilities, spousal support, child custody and support, and such other relief as the court deems just and proper.

NOW, THEREFORE

The Petitioner hereby issues this Summons commanding that the Respondent appear and respond to the Petition for Dissolution filed by the Petitioner and that the parties be placed under the jurisdiction of the Court for the purposes set forth below.

1. Jurisdiction

The Court has jurisdiction over the parties and the subject matter of this action. Petitioner alleges that residency requirements for filing have been satisfied as follows: Petitioner has resided in the State for a period of not less than months and in the County for months immediately preceding the filing of this action.

2. Service and Response

Respondent must file a written response with the Clerk of the Court within calendar days after being served with this Summons, and serve a copy of the response on Petitioner or Petitioner's attorney. Failure to respond may result in entry of default and judgment against the Respondent.

3. Grounds for Dissolution

The Petitioner asserts the following ground(s) for dissolution (check all that apply):

No-fault irretrievable breakdown of the marriage
Adultery
Cruelty or cruel and inhuman treatment
Legal separation period satisfied
Other:

4. Temporary Relief

Pending final disposition, Petitioner requests temporary relief as necessary to preserve the status quo, protect the parties and any minor children, and prevent irreparable harm. Temporary relief sought includes (check and describe):

Temporary custody and visitation orders
Temporary spousal or child support
Exclusive use of the marital residence
Temporary restraining order(s) for protection

5. Property, Debts and Division

Petitioner requests that the Court equitably divide the community/marital property and apportion debts between the parties. The division sought by Petitioner is described as follows:

6. Children and Support

Number of minor children of the marriage:

Petitioner requests an order for child support and a parenting plan allocating parental responsibilities, including a proposed visitation schedule and support amount of $

7. Spousal Support

Petitioner requests spousal support in the amount of $ per month and/or a lump sum of $, with duration and termination as the Court deems appropriate.

8. Fees, Costs and Attorney's Fees

Petitioner requests that the Court award costs of suit and reasonable attorney's fees to the prevailing party, or apportion such fees as equitable under the circumstances.

9. Notice of Hearing

A hearing on temporary orders and scheduling may be set by the Court. Proposed hearing date: at . The parties shall be notified of the official hearing date and time by the Clerk.

10. Certification and Penalties

Petitioner certifies under penalty of perjury that the foregoing statements are true and correct to the best of Petitioner's knowledge and belief. False statements in pleadings may subject the declarant to sanctions, contempt, or criminal penalties under applicable law.

11. Notices

All notices, pleadings and correspondence in this action shall be sent to the party addresses listed above unless a party updates their contact information with the Court and opposing counsel in writing.

12. Amendments; Waiver; Counterparts

This Summons may be amended by filing of subsequent pleadings as authorized by the Court. No waiver of any provision of this Summons shall be valid unless in writing and signed by the party waiving the provision. This instrument may be executed in counterparts, each of which shall be deemed an original for all purposes.

13. Governing Law; Entire Agreement; Severability

This Summons and any orders entered pursuant to it shall be governed by the laws of the State identified above. This document, together with the Petition for Dissolution and any orders of the Court, constitutes the entire present pleading as to Petitioner’s requests and supersedes all prior oral statements. If any provision is held invalid, the remaining provisions shall remain in full force and effect.

Service Information (For Clerk/Process Server)

Personal service
Substitute service
Certified mail / restricted delivery

Verification

I, the undersigned Petitioner, declare under penalty of perjury under the laws of the State identified above that the statements contained in this Summons are true and correct to the best of my knowledge.

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