Fill and Sign the Joint Petition Divorce Form

Ct. App. 7/99 11 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CODE: 1840 Name:       Address:             Telephone:       Acting In Proper Person Name:       Address:             Telephone:       Acting In Proper Person IN THE FAMILY DIVISION OF THE       JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA IN AND FOR THE COUNTY OF       IN THE MATTER OF THE MARRIAGE Of:       Case No.       (Wife’s name) Dept. No.       and       (Husband’s name) Joint Petitioners.       / JOINT PETITION FOR DISSOLUTION OF MARRIAGE This Joint Petition, pursuant to NRS 125.181 of       (Husband’s name)       and       Husband and (Wife’s name) Wife above-named, respectfully shows as follows: I. The Petitioners intermarried on       in the County of (Date of marriage, including month, day and year)       State of       , and ever since (County in which you were married) (State in which you were married) said date have been, and still are, Husband and Wife. Ct. App. 7/99 21 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 II. The Petitioner,       , has lived in, and is, a bona fide (Name of resident petitioner) resident of the County of       , State of Nevada for more than six (6) weeks prior to the filing of this Petition, and intends to remain in the State of Nevada for an indefinite period of time. The current addresses and telephone numbers of the Petitioners are:       (Wife’s name)       (Wife’s address)       Telephone Number:             (Husband’s name)       (Husband’s address)       Telephone Number:       III. That Petitioners have become, and continue to be, incompatible in marriage and no reconciliation is possible. IV. There is/are       minor child(ren) of this marriage namely: NAME AGE DATE OF BIRTH                                                       Ct. App. 7/99 31 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NAME AGE DATE OF BIRTH                                     The parties have entered into an Agreement as to the care, custody, visitation and child support of the minor children which is in the best interests of the children and is attached to this Joint Petition as Exhibit A. The parties request that this Court confirm and ratify the Agreement and incorporate it into the Decree. V. The parties have entered into an Agreement as to the division of the assets and debts of the community and that Agreement is attached to this Joint Petition as Exhibits B and C. The parties agree that the arrangement between them is essentially and equal division of the community assets and debts and we request that this Court confirm and ratify the Agreement and incorporate it into the Decree. VI. The parties have entered into an agreement concerning spousal support and that agreement is attached to this Joint Petition as Exhibit D. The parties request that this Court confirm and ratify the Agreement and incorporate it into the Decree. VII. The Petitioners hereby waive their respective rights to receive written notice of the entry of any decree and Judgment of Divorce entered herein; and that Petitioners waive their right to request formal Findings of Fact, Conclusions of Law herein, or to appeal any Judgment or Order of this Court made and entered in these proceedings. VIII. It is further understood by the Petitioners that entry of Decree of Divorce constitutes a final adjudication of the rights and obligations of the parties with respect to the status of the marriage and the respective Petitioner’s rights to (1) written notice of entry of decree; (2) requests for findings of facts and conclusions of law; (3) to move for a new trial. IX. It is further understood by the Petitioners that a final Decree of Divorce entered pursuant to this Ct. App. 7/99 41 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 summary procedure does not prejudice or bar the rights of either Petitioner to institute an action to set aside the final decree for fraud, duress, accident, mistake or the grounds recognize at law or in equity. .X. Wife       to return to her former name. (Wants or does not want) If Wife wants to return to her former name, print the name to which she wants to return in the following space. If Wife does not want to return to a former name, print “Not Applicable” in the following space.       WHEREFORE, Petitioners pray as follows: 1. That the bonds of matrimony now and heretofore existing between the parties be dissolved, and that each of the said petitioners be restored to the status of single, unmarried persons. 2. That the provisions agreed upon for the assets, debts and spousal support as stated in Exhibits B, C, and D, be ratified and confirmed and incorporated into the Decree. 3. That the provisions agreed upon for the minor children as stated in Exhibit A, be ratified and confirmed by the Court and incorporated into the Decree. 4. For such other and further relief as the Court may deem proper in the premises. DATE: DATE: (Date signed by Wife) (Date signed by Husband) (Wife’s signature) (Husband’s signature)             (Wife’s address) (Husband’s address)                         (Telephone number) (Telephone number) SUBSCRIBED and SWORN to before me SUBSCRIBED and SWORN to before me this       day of       , 20 __ . this       day of       , 20 __ . NOTARY PUBLIC NOTARY PUBLIC Ct. App. 7/99 51 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WIFE’S ACKNOWLEDGEMENT AND VERIFICATION STATE OF NEVADA ) )ss: County of       ) On this       day of       , 20       , personally appeared before me, a Notary Public,       , who acknowledged to me to be the person who executed the foregoing Joint Petition For Dissolution of Marriage for the uses and purposes herein stated. NOTARY PUBLIC VERIFICATION STATE OF NEVADA ) )ss: County of       )       , being first duly sworn under penalties of perjury, deposes and says: I am the Petitioner herein, and I have read the foregoing Joint Petition for Dissolution of Marriage and know the contents thereof; that the same is true to the best of my own knowledge, except as to those matters therein stated upon information and belief, and as to those matters, I believe the same to be true. SUBSCRIBED and SWORN to before me this       day of       , 20       . NOTARY PUBLIC Ct. App. 7/99 61 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HUSBAND’S ACKNOWLEDGEMENT AND VERIFICATION STATE OF NEVADA ) )ss: County of       ) On this       day of       , 20       , personally appeared before me, a Notary Public,       , who acknowledged to me to be the person who executed the foregoing Joint Petition For Dissolution of Marriage for the uses and purposes herein stated. NOTARY PUBLIC VERIFICATION STATE OF NEVADA ) )ss: County of       )       , being first duly sworn under penalties of perjury, deposes and says: I am the Petitioner herein, and I have read the foregoing Joint Petition for Dissolution of Marriage and know the contents thereof; that the same is true to the best of my own knowledge, except as to those matters therein stated upon information and belief, and as to those matters, I believe the same to be true. SUBSCRIBED and SWORN to before me this       day of       , 20       . NOTARY PUBLIC Ct. App. 7/99 71 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit A – Page 1 Custody, Visitation, Child Support and Maintenance CUSTODY You must both initial each of the provisions you want the Court to Order. On those provisions you do not want the Court to order, print “No”. Read the statements carefully and be sure you understand the full legal meaning of the terms. Do not leave any spaces blank. 1. The Husband and Wife shall share joint legal, joint physical custody Husband Wife of the minor child(ren). 2. The Husband and Wife shall share joint legal custody of the minor Husband Wife child(ren), with the Husband being designated as the primary physical custodian of the children. 3. The Husband and Wife shall share joint legal custody of the minor Husband Wife child(ren) with the Wife being designated as the primary physical custodian of the children. 4. The Husband shall be the sole legal and sole physical custodian of the Husband Wife minor children. 5. The Wife shall be the sole legal and sole physical custodian of the minor Husband Wife child(ren). We feel the above choice is in the best interests of the minor child(ren). VISITATION AND EXCHANGE We feel the following exchange and visitation schedule is in the best interests of the child(ren): (You must fully and in specific detail set out a schedule of exchange and visitation, including the days the exchange will take place, the times of the exchange, and who will provide transportation for the exchanges. Also include specific details regarding holiday sharing and summer vacation periods)                                           Ct. App. 7/99 81 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit A – Page 2 Child Custody, Visitation, Support and Maintenance VISITATION AND EXCHANGE (continued)                                                                                                                                                       Ct. App. 7/99 91 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit A – Page 3 CHILD SUPPORT Before filling in the blanks, be sure you read and are familiar with, the statutes covering child support and how child support is calculated, including the maximum and minimum that can be ordered and the circumstances that can be taken into consideration by the Court for a change in the statutory amount. Both parties must initial all of the following statements that are true of your circumstances. If the statement does not reflect the true status of your child support situation, print “NO” in the space for your initials. 1. There is already a Child Support action through the District Attorney’s Husband Wife Office and payment of the child support shall continue to be handled through that office. 2. The children are receiving Welfare benefits and the Welfare Department Husband Wife has or will have, a child support case through the District Attorney’s Office and the District Attorney’s Office shall continue to handle the child payments. 3. No formal child support obligation has ever previously been established Husband Wife and this will be the first Court Order for child support. 4. Although this is the first Court Order for child support, the payments will Husband Wife be handled through the District Attorney’s Office and the parent who will be collecting child support shall open the case with the District Attorney’s Office. SECTION I. If You Have Decided One Parent Will Be The Primary Physical Custodian The Following Section Must Be Completed If one parent is going to be the primary physical custodian of the child(ren), the following section must be filled in. If this section does not apply in your case, print “Not Applicable” in each space. Do not leave any spaces blank.       is the primary physical custodian of the minor child(ren) and (Husband or Wife)       is the non-custodial parent. (Husband or Wife) The non-custodial parent’s gross income $       per month (Amount non-custodial parent earns per month before anything is deducted.) Therefore, before based upon the statutory required, the non-custodial parent should pay             % (Statutory percentage) of their gross monthly income as for child support. Based upon that percentage, the child support obligation for the       , should be $       per month, for (Husband or Wife) (Amount per month) Ct. App. 7/99 101 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit A – Page 4 CHILD SUPPORT, continued the       child(ren), and shall be due and payable on or before the       of each (Number of children) (Date support due) month. The support obligations amount that has been agreed upon by the parties       (Is or is not) the amount required in the statutes. If your answer to the above question is “is not”, you must list the reasons you have agreed on an amount more or less than the amount required by Law. The reasons listed must be those allowed in the statutes. If your answer to the question is “is”, just print “not applicable” on the following lines.                                                       As the children reach the age of majority, or as they are otherwise emancipated, the amount and percentage of the child support obligation shall automatically adjust according to statute. The child support obligation for each child shall continue until that child reaches the age of eighteen years, or, if he child is still attending high school at the age of eighteen years, until the child reaches the age of nineteen years or graduates from high school, or is otherwise emancipated, whichever occurs first. A wage assignment for the support       be immediately put in place. (will or will not) Ct. App. 7/99 111 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit A – Page 5 CHILD SUPPORT, continued SECTION II. If you have decided to share joint legal and joint physical custody of the child(ren), the following section must be filled in. If this section does not apply in your case, print “Not Applicable” in each space. Do not leave any spaces blank. Where initials are required, write “NA” to those statements that do not apply to your case. We have agreed to share joint legal and joint physical custody of the minor child(ren) and we understand that the joint custody arrangement does not necessarily mean that there will be no child support obligation for one of us to the other just because we share joint custody. We agree that: 1. Neither of us will pay child support to the other and we will each be Husband Wife responsible for the every day expenses of the child(ren) when the child(ren) is (are) with us. 2. Husband shall pay Wife $       per       Husband Wife (Amount) (Week or month) and the payment of the support shall be due on or before the       (Date due) day of the month. 3. Wife shall pay Husband $       per       Husband Wife (Amount) (Week or month) and the payment of the support shall be due on or before the       (Date due) day of the month. We came to this agreement based upon the following information: Husband’s gross monthly income is $       . (Amount earned per month before deductions) Wife’s gross monthly income is $       . (Amount earned per month before deductions)       will be paying the health insurance premium for the benefit of the (Husband or Wife) minor child(ren) in the amount of $       per month.       (state any other factors upon which you based your agreement) Ct. App. 7/99 121 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit A – Page 6 CHILD SUPPORT, continued                   HEALTH INSURANCE (Provisions must be made for health care for the child(ren). If neither parent has health insurance on the child(ren), that must be stated. If the children are on Medicaid, that must be stated. Also, how the health expenses, incurred on behalf of the children(ren) are going to be paid. Fill in all spaces, do not leave any spaces blank.) The child(ren) presently       covered by a health insurance policy. The child(ren) (is (are) or is (are) not) presently       on Medicaid. (is (are) or is (are) not)       shall maintain health insurance on the child(ren) through their (Husband or Wife) employment so long as it is available at a reasonable cost. The parties shall each share, equally, any health expenses incurred on behalf of the child(ren ) that are not covered by insurance, and each party shall be responsible for one half of the deductible and one half of the insurance premium. The parent paying child support       (may or may not) deduct their one-half of the premium from their chills support obligation. Ct. App. 7/99 131 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT B Division of Assets (Both parties must initial one of the statements below. If you initial number 1, write “not applicable” in number 2 spaces and stop there. If you initial number 2, write “not applicable” in number 1 spaces and go on to do the division of the property as you have agreed.) 1. All of the assets and property have been previously divided and each is Husband Wife to keep the property they have in their possession at this time. 2. The property shall be divided as follows: Husband Wife WIFE SHALL RECEIVE THE FOLLOWING:                                                                                                                                                                                     HUSBAND SHALL RECEIVE THE FOLLOWING:                                                                                                                                                                                     (If more room is needed, attach additional sheets but make sure the sheets are clearly identified as a continuation of Exhibit B. Write only on one side of the page of additional sheets.) Ct. App. 7/99 141 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT C Division of Debts Both parties must initial one of the statements below. If you initial number 1, write “not applicable” in number 2 spaces and stop there. If you initial number 2, write “not applicable” in number 1 spaces and go on to do the division of the property as you have agreed. 1. All of the debts have been previously divided and each is to keep those Husband Wife debts assigned to them and hold the other party harmless for those debts. 2. The debts shall be divided as follows: (Be sure to list specific debts with Husband Wife account numbers, if available.) WIFE SHALL RECEIVE THE FOLLOWING DEBTS AS HER SOLE AND SEPARATE DEBTS:                                                                                                                                                 HUSBAND SHALL RECEIVE THE FOLLOWING DEBTS AS HIS SOLE AND SEPARATE DEBTS:                                                                                                                                                                                     (If more room is needed, attach additional sheets but make sure the sheets are clearly identified as a continuation of Exhibit C. Write only on one side of the page of additional sheets.) Ct. App. 7/99 151 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT D Spousal Support Both parties must initial only ONE of the following statements. If you initial one of the statements which makes a provision for spousal support, be sure to fill in all the spaces in that statement. Do not leave any spaces blank on this page. Print “NA” in all spaces that are not applicable to you. Each of the Petitioners hereby waive any and all right to spousal support or Husband Wife any other monetary claim each may have against the other for support or maintenance Wife shall receive spousal support in the amount of $       per Husband Wife (Amount Wife to receive)       , due and payable on the       of each (Week or month) (Date amount due)       for a period of       . (Week or month) (Number of weeks, months, or years) The spousal support shall begin on       (Date spousal support to begin) and end on       . (Date last spousal support payment will be made) Husband shall receive spousal support in the amount of $       Husband Wife (Amount Husband to receive) per       , due and payable on the       of each (Week or month) (Date amount due)       for a period of       . (Week or month) (Number of weeks, months, or years) The spousal support shall begin on       (Date spousal support to begin) and end on       . (Date last spousal support payment will be made)