Family Law Counter-Petition

FAMILY LAW COUNTER-PETITION

Court:    Case No.:

Petitioner Name:    Respondent / Counter-Petitioner Name:

RECITALS

WHEREAS, Petitioner commenced the above-captioned family law action by filing an initial petition on or about , alleging matters concerning dissolution, custody, support and division of community property; and

WHEREAS, Respondent asserts that additional relief is just and proper and that the relief sought by this Counter-Petition is necessary to resolve outstanding issues between the parties, including but not limited to custody, child support, spousal support, and equitable division of assets and liabilities; and

WHEREAS, Counter-Petitioner seeks affirmative relief and interim orders to preserve the status quo and protect the best interests of the minor children and the financial interests of the parties pending final determination.

NOW THEREFORE, Counter-Petitioner hereby petitions the Court as follows:

1. JURISDICTION

Counter-Petitioner alleges that this Court has jurisdiction over the parties and the subject matter of this action under applicable state statutes and controlling case law because at least one party resides within this jurisdiction and the acts and events giving rise to this action occurred within this jurisdiction.

2. BACKGROUND

Date of marriage:    Date of separation:

Place of marriage:

3. CHILDREN AND PARENTAL RESPONSIBILITY

Counter-Petitioner requests the following custody and parenting orders (select all that apply):

Joint legal custody    Sole legal custody to Counter-Petitioner    Joint physical custody    Primary physical custody to Counter-Petitioner

4. CHILD SUPPORT

Counter-Petitioner requests that child support be ordered in accordance with statutory guidelines based on the incomes of the parties, to commence as of: .

Counter-Petitioner further requests orders for health insurance, uninsured medical expenses, educational expenses, and reimbursement for extraordinary costs as necessary to ensure the children's welfare.

5. SPOUSAL SUPPORT

Counter-Petitioner requests temporary and/or permanent spousal support as justified by the parties' respective incomes, duration of marriage, and contributions to the marriage, including a reasonable attorney fee award to be determined at hearing.

6. PROPERTY AND DEBT DIVISION

Counter-Petitioner requests that the Court make orders that are fair and equitable, including provisional orders to preserve property pending final distribution.

7. TEMPORARY RELIEF REQUESTED

Counter-Petitioner respectfully requests the following temporary orders until final judgment (select all applicable):

Temporary custody and parenting schedule    Temporary child and/or spousal support    Exclusive use of residence to Counter-Petitioner    Freeze on transfer or disposal of major assets

8. ATTORNEY FEES AND COSTS

Counter-Petitioner requests an award of reasonable attorney fees and costs incurred in prosecuting this Counter-Petition, together with costs of suit and such other relief as the Court deems just and proper.

9. RELIEF REQUESTED

WHEREFORE, Counter-Petitioner prays for judgment as follows:

1. That the Court grant the custody, parenting time, and support orders as set forth above;
2. That the Court divide the parties' assets and liabilities equitably;
3. That the Court award spousal support as appropriate;
4. That the Court order provisional and temporary relief necessary to preserve the parties' and children's interests;
5. That the Court award attorney fees and costs to Counter-Petitioner; and
6. That the Court grant such other and further relief as the Court deems just and equitable.

NOTICES

MISCELLANEOUS PROVISIONS

Governing Law: This Counter-Petition shall be governed by and construed in accordance with the laws of the state in which this Court sits.

Entire Agreement: This Counter-Petition, together with any orders entered by the Court, constitutes the entire understanding between the parties with respect to the matters addressed herein and supersedes all prior agreements and communications, whether oral or written, to the extent permitted by law.

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

Amendments and Waiver: No amendment, modification, or waiver of any provision of this Counter-Petition shall be effective unless in writing and signed by the party against whom enforcement is sought. The waiver by any party of any breach of any provision shall not operate or be construed as a waiver of any subsequent breach.

VERIFICATION

I, the undersigned Counter-Petitioner, certify under penalty of perjury under the laws of the state that the statements contained in this Counter-Petition are true and correct to the best of my knowledge and belief.

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