Fill and Sign the Joint Complaint 481370901 Form

-1- CHANCERY COURT STATE OF MISSISSIPPI JOINT COMPLAINT DIVORCE PACKET NO CHILDREN - NO OR FEW PROPERTY OR ASSETS PACKET “A” (Based on Irreconcilable Differences) This packet contains the following: 1. Instructions for completing the forms; 2. Joint Complaint for Absolute Divorce; and 3. Separation and Property Settlement Agreement 4. Final Judgment for Absolute Divorce. 5. Financial Statement You will also need to get from the Court. 6. Cvil Cover Sheet You and your spouse must agree to all terms of the divorce to use this packet. -2- I. GENERAL INSTRUCTIONSWHO MAY USE THESE FORMS?: You may use this complaint form for divorce only when all of the following facts are true: you and your spouse have lived separated in that you have not cohabitated as husband and wife; there were no children born to or adopted by you and your spouse, wife is not pregnant, or if there were, the child(ren) is (are) now over the age of 21; and you and your spouse have no property, either real or personal, that you are asking the court to divide or distribute. -1- IN THE CHANCERY COURT OF ________________ COUNTYSTATE OF _______________________ IN THE MATTER OF THE DISSOLUTION ) OF _______________________________ AND _____________________________, BY JOINT COMPLAINT ) )) ) CASE NO. ___________________ ) ) RELATED CASES: JOINT COMPLAINT FOR ABSOLUTE DIVORCE COMES, _____________________________ and _________________________, Husband and Wife and file this Joint Complaint and Absolute Divorce and would state in support thereof the following: 1. This Court has jurisdiction of the parties and subject matter pursuant to the laws of the State of Mississippi. 2. _________________________ is/are a bona fide resident(s) of _____________ County, State of _____________________ for more than six months immediately prior to filing this Joint Complaint for Absolute Divorce. 3. The Parties were lawfully married on ___________________ in _____________ County, __________________________. 4. There were no children born to or adopted by the Parties. Wife is not now pregnant. 5. From and after __________________________________ and up to the present, the Parties have lived separate and apart from each other. This separation has continued without interruption or cohabitation. -2- 6. The present address of the Parties are as follows: Husband: _________________________ Wife: __________________________ Address: _________________________ Address:____________________________ _________________________________ ___________________________________ 7. The Parties have no property, either real or personal, that we are asking the court to divide or distribute. The Parties have agreed to all property matters in the separation and property settlement agreement mentioned below. 8. There is no reasonable expectation that my spouse and I will reconcile. 9. Party ____________________ (DOES/DOES NOT) request restoration of my former name, _________________________________. This request is not made for any illegal or fraudulent reason. 10. The Parties further state the following: ( ) We do not know of any other cases in the State of Mississippi or any state or territory involving the same claim or subject matter as this case. OR ( ) I know of the following related eases concerning the same claim or subject matter as this case 11. The Parties allege that they are entitled to a Divorce on the grounds of ________ . 12. The Parties have executed a Separation and Property Settlement Agreement disposing of all jointly owned property and settling all jointly owed debts and rights and liabilities of the parties, a copy of which is attached hereto as Exhibit "A". WHEREFORE, __________________________ and _______________________ request and pray that: a) The Court grant the Parties an Absolute Divorce on the ground of irreconcilable differences; b) That the Separation and Property Settlement Agreement disposing of all jointly owned property and settling all jointly owed debts and rights and liabilities of the parties, a copy of which is attached hereto as Exhibit "A", be incorporated into the final judgment of divorce; -3- c) Party, ___________________, requests that she be restored her maiden name of ________________________ . d) That the Court will grant such other relief as deemed appropriate; Respectfully submitted, _________________________________ Signature of Husband Print Name: _______________________ _________________________________ Signature of Wife Print Name: _______________________ STATE OF MISSISSIPPI COUNTY OF _________________ PERSONALLY appeared before me, the undersigned authority in and for the county and state aforesaid, the within named, __________________________, one of the Co-Plaintiffs, who, being by me first duly sworn, stated on oath that the matters, facts and averments set forth, contained and alleged in the above and foregoing Joint Complaint for Divorce are true and correct as therein stated. ____________________________________ Signature Type Name: __________________________ SWORN TO AND SUBSCRIBED this the _____ day of _________, 20__. ____________________________________ NOTARY PUBLIC MY COMMISSION EXPIRES: ______________________ STATE OF MISSISSIPPI COUNTY OF ______________ PERSONALLY appeared before me, the undersigned authority in and for the county and state aforesaid, the within named ____________________, on of the Co-Plaintiffs, who, being by me first duly sworn, stated on oath that the matters, facts and averments set forth, cont ained and -4- alleged in the above and foregoing Joint Complaint for Divorce are true and correct and therein stated. ____________________________________Signature Print Name: _________________________ SWORN TO AND SUBSCRIBED this the ______ day of _________, 20____. ___________________________________ NOTARY PUBLIC MY COMMISSION EXPIRES: _______________________ 2 IN THE CHANCERY COURT OF ___________________ COUNTYSTATE OF MISSISSIPPI IN THE MATTER OF THE DISSOLUTION ) OF _______________________________ AND _____________________________, BY JOINT COMPLAINT ) )) ) CASE NO. ___________________ ) ) RELATED CASES: FINDINGS OF FACT. CONCLUSIONS OF LAW AND JUDGMENT OF ABSOLUTE DIVORCE This matter was heard on the ______ day of __________________, 20____, upon the pleadings filed herein. Upon the evidence adduced, the court makes the following: FINDINGS OF FACT 1. _____________________________ is/are and has been a bona fide resident(s) of ______________ County, the State of Mississippi for more than six (6) months next preceding the filing of the complaint herein. 2. The plaintiff and defendant were lawfully married to each other on ______________________ in _____________________________. 3. There were no children born to or adopted by the Parties, wife is not now pregnant, or if there were, the child(ren) is (are) now over the age of twenty-one. 4. Since __________________________ , ________, the date of separation, the parties have lived continuously separate and apart from each other without cohabitation. 3 5. There are no property rights to be adjudicated between the Parties. The parties have agreed to all property issues in the Separation and Property Settlement Agreement of the Parties attached hereto as Exhibit “A”. 6. There is no reasonable prospect of reconciliation of this marriage. 7. Party ___________________________, requests restoration of his/her former name ________________________________ be restored unto her. This request is not made for any illegal or fraudulent reason. 8. The Court finds that it has jurisdiction of the parties and the subject matter of the Joint Complaint. CONCLUSIONS OF LAW Based upon the foregoing Findings of Fact, the court concludes as a matter of law that the plaintiff is entitled to a Judgment of Absolute Divorce from the defendant on the ground of irreconcilable differences. JUDGMENT IT IS THEREFORE, ORDERED AND ADJUDGED AS FOLLOWS: a) That __________________________ and _____________________________, be and hereby are awarded a divorce absolute from each other on the grounds of irreconcilable differences, and the parties shall from date forward are declared to be single persons; b) That the Separation and Property Settlement Agreement entered into by and between the parties and attached hereto as Exhibit “A’ is incorporated herein by reference. c) That _______________________ is hereby restored her maiden name of __________________________. SO ORDERED, this the ________ day of _________________, 20_____. _______________________________________ CHANCERY JUDGE AGREED AND APPROVED: _______________________________ 4 SIGNATURE OF HUSBAND _______________________________ SIGNATURE OF WIFE - 1 - SEPARATION AND PROPERTY SETTLEMENT AGREEMENT WHEREAS, ___________________, hereinafter referred to as "Wife", and ________________________, hereinafter referred to as "Husband", are now married; and WHEREAS, the parties were separated on or about ___________________ in ___________________ County, Mississippi, and since that date have been living separate and apart; and WHEREAS, the parties are separated and now living separate and apart and desire t o make a mutually acceptable settlement of their rights, liabilities, obligations and property rights arising out of and during the course of their marital relationship. No reconciliation is contemplated. NOW THEREFORE, FOR AND IN CONSIDERATION OF the mutual benefits and advantages accruing to each party, the undersigned do hereby solemnly covenant, agree and contract as follows: 1. CHILD CUSTODY: No children were both to this marriage, wife is not now pregnant and no children were adopted by the parties, except the following children who are above the age of 21.________________________________________________________________. 2. PROPERTY SETTLEMENT: Husband and Wife are in possession of all personal property belonging to each, and neither makes any claim to any personal property in the possession of the other, except as stated below. Wife shall be entitled to the exclusive use, possession and title to the following assets: (a) (b) Husband shall be entitled to exclusive use, possession and title to the following assets: (a) - 2 - (b) The Parties agree to the following additional provisions relating to property settlement: ______________________________________________________________________ ______________________________________________________________________ 3. DEBTS: Wife shall be responsible for her individual debts and Husband shall be responsible for his individual debts. The Parties further agree that the joint debts of the pa rties shall be paid as follows: (a) Debt to _________________ in the approximate amount of $_________________ shall be paid by ____________ and _____________ shall convey her/his interest same to _____________________. (b) Debt to _____________________________ in the approximate amount of $_________________ shall be paid by ____________________________. 4. ALIMONY: Neither Party claims entitlement to alimony as they are not entit led to same and both Parties expressly waive any claim to alimony. 5. LEGAL REPRESENTATION DISCLOSURE: Each party agrees that neither party has been represented by an attorney in this matter and that both parties have had an opportunity to consult, with any attorney of his/her choice. 6. FURTHER DOCUMENTS: Each party agrees that he or she will sign and execute any further or additional documents as may be necessary to put into effect the intended purposes hereof. - 3 - 7. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the parties and each party acknowledges that there are no further agreements not expressly included herein and that this Agreement may be modified, altered, or amende d only in writing, duly signed and notarized by each in the form of this original. 8. FULLY READ AND UNDERSTAND: Each party represents and acknowledges that he or she has fully read this Agreement, consulted with each other, carefully considered sam e, and have signed and executed same after such consultation, and after consulting with their re spective attorneys, that the signing of this Agreement is free and voluntary without force or collusi on by either party or any third party, and that each party signed same with the full knowledge of said party's rights, obligations, and responsibilities. 9. MODIFICATION: This Agreement shall estop and preclude either party from making other or further demands and claims upon the other, not included herein, except that such lega l action may be taken by either party as is necessary to enforce or modify the terms and provisions hereof, except that the Property Settlement provision shall not be subject to modification. 10. SUBSEQUENT DIVORCE: It is agreed and understood that this Agreement finally settles all rights of the parties and the property jointly or individually owned by t he parties, and that this Agreement, and the enforceability thereof, is not contingent upon either pa rty or both parties being granted a divorce on any grounds. However, if either or both parties are granted a divorce on any grounds, the parties agree that this Agreement shall be made a part the reof and that such decree or judgment shall not conflict with the terms hereof. 11. CONTROLLING LAW: This Agreement shall be governed, enforced and interpreted according to the laws of the State of Mississippi. - 4 - 12. EFFECTIVE DATE: This Agreement shall not be enforceable until duly executed by both Husband and Wife.13. HEIRS AND ASSIGNS: This Agreement shall be binding upon the heirs, administrators, estate and assigns of the parties. IN WITNESS WHEREOF, Husband has executed this Agreement on the ____ day of ______________, 20___, and Wife has executed this Agreement on the ____ day of _____________, 20___. _______________________________________ Signature Print Name:_____________________________ ______________________________________ Signature Print Name: ___________________________ STATE OF MISSISSIPPI COUNTY OF ___________________ PERSONALLY appeared before me, the undersigned authority in and for the county and state aforesaid, the with named _______________________________, who, being by me first duly sworn, states on her oath that the matters and facts set forth in the above and foregoing Separation and Property Settlement Agreement are true and correct as therein stated and that ___________________________ signed and delivered same on the day and year therein mentioned.. ________________________________________ Signature GIVEN UNDER MY HAND AND OFFICIAL SEAL, this the ______ day of ___________________, 20___. ________________________________________ NOTARY PUBLIC MY COMMISSION EXPIRES: ______________________ - 5 - STATE OF MISSISSIPPI COUNTY OF ___________________PERSONALLY appeared before me, the undersigned authority in and for the county and state aforesaid, the within named ___________________, who, being by me first duly sworn, states on his oath that the matters and facts set forth in the above and foregoing Separation and Property Settlement Agreement are true and correct as therein stated and that ___________________________ signed and delivered same on the day and year therein mentioned.. __________________________________ Signature GIVEN UNDER MY HAND AND OFFICIAL SEAL, this the ____ day of ________________, 20___. __________________________________ NOTARY PUBLIC MY COMMISSION EXPIRES: __________________________ IN THE CHANCERY COURT OF __________ COUNTYTHE STATE OF MISSISSIPPI IN RE THE DISSOLUTION OF THE MARRIAGE OF ___________________ AND ___________________ CAUSE NUMBER: ________________ FINANCIAL STATEMENT ********************************************************************* I. GENERAL INFORMATIONNAME:____________________________________________________________ADDRESS:_________________________________________________________ CITY, STATE AND ZIP CODE: _________________________________________ DATE OF BIRTH:____________________________________________________ SOCIAL SECURITY NUMBER:__________________________________________OCCUPATION:______________________________________________________EMPLOYER:_______________________________________________________ EMPLOYER'S ADDRESS:______________________________________________________________________________________________________________ NAME DATE OF BIRTH MINOR CHILDREN: ________________ _______________ ________________ _______________ ________________ _______________ II. INCOME STATEMENT GROSS MONTHLY INCOME AMOUNT 1. Salary and Wages, including commissions, 1.__________ bonuses, allowance and overtime NOTE: To arrive at a monthly income figure if paid weekly, multiply weekly income by 4.3, if paid bi-weekly, multiply income by 2.16 2. Pensions and retirement 2._________ 3. Social Security 3._________ 4. Disability and unemployment insurance 4._________ 5. Public assistance (welfare, AFDC payments, 5._________ etc.) 6. Dividends and interest 6._________ 7. Rental income 7._________ 8. Other income ____________________________ 8._________ 9. Other income _____________________________ 9._________ 10. TOTAL MONTHLY INCOME 10._________ ITEMIZED MONTHLY DEDUCTIONS: 1. State Income Taxes 1.________ 2. Federal Income Taxes 2.________ 3. Social Security 3.________ 4. Mandatory Insurance 4.________ 5. Mandatory Retirement 5.________ 6. Union or other dues 6._________ 7. Other: (Specify) 7._________ 8. Other: __________________________________ 8. ________ 9. TOTAL MONTHLY DEDUCTIONS 9. ________ 10. NUMBER OF EXEMPTIONS: 11. NET MONTHLY PAY ________ III. EXPENSE STATEMENT A. LIVING EXPENSES AS OF _______ AS OF _______ Self Children Self Children 1. Rent/Mortgage ____ ____ ____ ____ (Residence) 2. Real Property Taxes ____ ____ ____ ____ 3. Real Property Insurance ____ ____ ____ ____ 4. Maintenance (Residence) ____ ____ ____ ____ 5. Food/Household Supplies ____ ____ ____ ____ 6. Water, Sewer, etc. ____ ____ ____ ____ 7. Electricity ____ ____ ____ ____ 8. Gas (Residence) ____ ____ ____ ____ 9. Telephone ____ ____ ____ ____ 10. Laundry & Cleaning ____ ____ ____ ____ 11. Clothing ____ ____ ____ ____ 12. Insurance ____ ____ ____ ____ (Not payroll deducted) 13. Medical ____ ____ ____ ____ 14. Dental ____ ____ ____ ____ 15. Child Care ____ ____ ____ ____ 16. Children's allowance ____ ____ ____ ____ 17. Payment of child support/alimony ____ ____ ____ ____ (Prior marriage) 18. School Expenses ____ ____ ____ ____ 19. Entertainment ____ ____ ____ ____ 20. Incidentals & Misc. ____ ____ ____ ____ 21. Transportation other than vehicle ____ ____ ____ ____ 22. Gasoline & Oil (auto) ____ ____ ____ ____ 23. Repair (auto) ____ ____ ____ ____ 24. Insurance (auto) ____ ____ ____ ____ 25. Auto Payments ____ ____ ____ ____ 26. Church donations ____ ____ ____ ____ 27. Charitable donations ____ ____ ____ ____ 28. Newspaper/Magazines ____ ____ ____ ____ 29. Cable TV ____ ____ ____ ____ 30. Pet Expenses ____ ____ ____ ____ 31. Yard Expenses ____ ____ ____ ____ 32. Maid ____ ____ ____ ____ 33. Retirement (IRA etc.) ____ ____ ____ ____ 34. Pest Control ____ ____ ____ ____ B. TOTAL LIVING EXPENSES: 35. Installment Payments ____ ____ ____ ____ Notes, loans, charge accounts, etc. 36. ______________________ ____ ____ ____ ____ 37. ______________________ ____ ____ ____ ____ 38. ______________________ ____ ____ ____ ____ 39. OTHER EXPENSES: 40. _____________________ ____ ____ ____ ____ 41. ______________________ ____ ____ ____ ____ TOTAL INSTALLMENT PAYMENTS: ____ ____ ____ ____ COMBINED TOTAL EXPENSES: ____ ____ ____ ____ IV. STATEMENT OF ASSETS A. Real Estate 1. Title in the name of: _______________________ Address:___________________________________ Who paid cost:_____________________________ How cost paid:______________________________ Value (estimate) ___________________ Mortgage Balance ______________________ Equity _______________________ 2. Title in the name of: ______________________ Address:_________________________________ Who paid cost:____________________________ How cost paid:____________________________ Value (estimate) ____________________ Mortgage Balance ______________________ Equity _______________________ * List mortgage balance also under liabilities on the next page. List the amount of your monthly payment only under LIABILITIES. B. Motor Vehicles 1. Registered in the name of: ________________________ Year:___________ Model: ________ Mileage:_________ How cost paid: __________ How cost paid: ____________ VALUE ________________________ - Loan balance ________________________ = Equity ________________________ 2. Registered in the name of: ________________________ Year:___________ Model:_________ Mileage:_________ How cost paid: __________ How cost paid:__________ VALUE ________________________ - Loan balance ________________________ = Equity ________________________ 3. Registered in the name of: _______________________ Year:___________ Model: ___________ Mileage:____________ How cost paid: ____________ How cost paid: _____________ VALUE ________________________ - Loan balance ________________________ = Equity ________________________ C. Other Personal Property (such as home computers, guns, lawnmowers, TVs, jewelry, household furnishings, etc.) VALUES _____________________ ______________________ _____________________ ______________________ _____________________ ______________________ _____________________ ______________________ _____________________ ______________________ _____________________ ______________________ TOTAL: ______________________ D. Checking/Savings (name of Bank, Account Number and Amount in Account, including CD's, money markets, passbook accounts, etc.) Name(s) on Account Bank/Account No. Type of Account Balance __________________ ________________ _______________ ___________ __________________ ________________ _______________ ___________ __________________ ________________ _______________ ___________ __________________ ________________ _______________ ___________ TOTAL VALUE ___________ E. Other Investments (IRA's, stock(s), mutual funds, pension plans, etc.) Bank/Account Type of Investment Balance Number ______________________________________________________ ________________________________________________________________________________________________________________________________________________________________________________________________________________________ F. Life Insurance (exclude children) Insured Company Face Amount Cash Beneficiary less any loans___________________________________________________________________________________________________________________________________________________________________________ TOTAL CASH VALUE (less loans) ____________________ G. All Other Assets __________________________________________________________________________________________________________________________________________________________________ TOTAL VALUE ________________________ TOTAL OF ALL ASSETS $ ____________________________ V. STATEMENT OF LIABILITIES II. LIABILITIES (Include mortgage, car loan, credit cards, personal loans). (Include also under 35-4 on Page 4 of Exhibit "A") A. Creditor Whose Name(s) Current Monthly Who Pays Balance Payment Due 1. ______________________________________________________ 2. ______________________________________________________ 3. ______________________________________________________ 4. ______________________________________________________ B. TOTAL LIABILITIES _____________ACKNOWLEDGMENT OF TRUTHFULNESS I declare to the Court that the foregoing Exhibits "A" and "B" including attachments, are true and correct and that this declaration was executed on the day of ___________, A.D. 20___ _________________________ PARTY'S SIGNATURE IN THE CHANCERY COURT OF ___________________ COUNTYSTATE OF MISSISSIPPI IN THE MATTER OF THE DISSLOUTION OF MARRIAGE OF ___________________ AND ___________________ NO. ________________ CERTIFICATE OF COMPLIANCE I, ____________________________________, do hereby certify that I have this date (Name of party or attorney) complied with Rule 8.05 of the Uniform Chancery Court Rules and that I have mailed and or delivered a copy of a detailed written statement of actual income and expenses and assets and liabilities to the attorney for the opposing party or the opposing party. SO CERTIFIED on this the day of ________, A.D., 20___. _____________________________ PARTY - 1 - GENERAL DIVORCE OUTLINE – IRRECONCILABLE DIFFERENCES "Basics": the important things you will need to know before starting your divorce action. Documents and papers needed to obtain an uncontested divorce. Instructions for starting the action. Instructions for filing the action with the court This outline discusses : and obtaining your divorce. Scope of this outline : This outline discusses divorce based on irreconcilable differences. This is the “no-fault” divorce ground in Mississippi. The basics : There are generally several requirements before you can file a divorce action. Mississippi has residency requirements which require that you or your spouse reside in the state for a certain period of time before a divorce action is filed. Likewise, most states require a ground for filing the divorce. In a typical divorce two requirements that must be met before you can file for a divorce. Those requirements are below: 1. You must satisfy the residency requirements. You or your spouse must have resided in Mississippi for at least 6 months immediately proceeding the filing of the complaint. 2. You must satisfy the no-fault procedures. Sample Steps to No-Fault Divorce - Joint STEP 1: Prepare a separation agreement and you and your spouse execute it. STEP 2: Compete the Joint Complaint for Divorce and have it notarized. STEP 3: File the Joint Complaint with agreement attached in the Office of the Chancery Court Clerk in your County and pay the filing fee. The Clerk should provide a Civil Cover sheet for you to complete or direct you to a location where you can obtain this form. Also file completed Financial Statements one for each party. STEP 4: Wait the required time, generally at least 60 days after filing and then schedule a time to present your Judgment to the Chancery Judge. Be prepared to answer any questions the court may have about the divorce and separation agreement. Both parties may or may not be required to attend the hearing.