Legal Dissolution Counter-Petition

Legal Dissolution Counter-Petition

Court Name:   County:   Case No.:

Petitioner Name:   Respondent / Counter-Petitioner Name:

Recitals

WHEREAS, Petitioner filed a Petition for Dissolution of Marriage in the above-captioned court on , seeking dissolution and related relief; and

WHEREAS, Respondent disputes certain allegations and asserts counterclaims and additional requests for relief concerning division of property, spousal support, and custody/support of minor children; and

WHEREAS, the parties have conferred in an attempt to resolve contested issues but remain unable to reach a complete settlement;

NOW THEREFORE, Respondent submits this Counter-Petition and requests that the Court adjudicate the parties' rights and enter appropriate orders as set forth below.

1. Jurisdiction

The Counter-Petitioner alleges that this Court has jurisdiction over the subject matter and the parties pursuant to applicable state statutes. Counter-Petitioner has been a resident of the state for the period required by law and the marriage is subject to dissolution in this forum.

2. Background

Date of Marriage: . Place of Marriage: .

The parties separated on or about and have lived separate and apart since that date. The parties are unable to reconcile their differences and there is an irretrievable breakdown of the marriage.

3. Grounds for Dissolution

Counter-Petitioner asserts the following grounds for dissolution (check all that apply):

Irreconcilable differences / no-fault
Adultery
Cruelty or abusive conduct
Abandonment
Other:

4. Factual Allegations

Counter-Petitioner incorporates the factual assertions set forth in the original Petition as if fully set forth herein, and further alleges the following facts material to the counterclaims and requested relief:

5. Property and Debt Division

Counter-Petitioner requests that the Court make an equitable division of all marital property and debts, including but not limited to the items and accounts described below:

Counter-Petitioner specifically requests that the Court consider contributions to acquisition, duration of marriage, economic circumstances, and any dissipation of assets in allocating property and debts.

6. Children, Custody and Support

The parties have the following minor child(ren):

Counter-Petitioner requests the following custody, visitation, and child support arrangements, stating reasons why each arrangement serves the best interests of the child(ren):

7. Spousal Support

Counter-Petitioner requests that the Court award spousal support in an amount and for a duration that the Court deems equitable, considering the parties' incomes, earning capacities, duration of marriage, and standard of living during the marriage.

8. Temporary Orders

Pending final determination, Counter-Petitioner requests temporary orders for custody, support, exclusive use of the residence, payment of utilities and debts, and preservation of assets. Specific temporary relief requested:

9. Attorney Fees and Costs

Counter-Petitioner requests that the Court award reasonable attorney fees and costs incurred in connection with this action as provided by law, including fees for any post-judgment enforcement proceedings, and enter any order necessary to accomplish an equitable award.

10. Verification

I, Counter-Petitioner, declare under penalty of perjury under the laws of this state that the foregoing is true and correct to the best of my knowledge and belief.

Verification - Printed Name

Verification - Signed At (City, State)

Verification - Date

11. Certificate of Service

I certify that I served a true and correct copy of this Counter-Petition on all parties or their counsel by the following method(s):

United States Mail
Personal Delivery
Electronic Service / Email

Date of Service: .

Certificate of Service - Recipient(s) and Address(es)

12. Notices

All formal notices required under this Counter-Petition shall be in writing and delivered to the addresses below by certified mail, personal service, or as otherwise ordered by the Court.

Counter-Petitioner Address for Notices

Petitioner or Counsel Address for Notices

13. Amendments and Waiver

This Counter-Petition may be amended or supplemented to include additional allegations, claims for relief, or supporting documentation as discovery or evidence may require. No waiver of any provision shall be effective unless in writing and signed by the party waiving the provision.

14. Governing Law; Entire Agreement; Severability

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

Entire Agreement: Except as expressly provided by court order, this Counter-Petition, together with any stipulations approved by the Court, constitutes the entire statement of Counter-Petitioner's claims and requests for relief in this matter.

Severability: If any provision of this Counter-Petition is held invalid or unenforceable, the remaining provisions shall continue in full force and effect to the maximum extent permitted by law.

15. Prayer for Relief

WHEREFORE, Counter-Petitioner respectfully requests that the Court enter judgment as follows:

1. Dissolve the marriage of the parties and restore them to the status of single persons;
2. Divide the parties' marital property and debts equitably as set forth herein;
3. Determine custody, visitation, and child support in the best interests of the minor child(ren);
4. Award spousal support as the Court determines equitable;
5. Grant temporary orders as requested pending final hearing;
6. Award reasonable attorney fees and costs to Counter-Petitioner; and
7. Grant such other and further relief as the Court deems just and proper.

16. Attorney Information (if represented)

Attorney Name

Bar Number

Firm / Address

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