Louisiana Divorce Petition

PETITION FOR DIVORCE

:

VS :

:

PETITION FOR DIVORCE

The petition of , a resident of the full age of majority of the Parish of , State of Louisiana, respectfully represents that:

1.

Made Defendant herein is , a resident of the full age of majority of the Parish of , Louisiana.

2.

Petitioner and Defendant were married to each other on the day of , in , Parish, Louisiana. Thereafter, the matrimonial domicile was established in Parish, Louisiana.

3.

Of this marriage ( ) children were born, all of whom are majors.

4.

Petitioner and Defendant separated in , and have lived separate and apart since that date and, therefore, your petitioner is entitled to a divorce "a vinculo matrimonii" based on La. C.C. Article 103, living separate and apart for a period in excess of six months.

5.

Some community property was acquired during the existence of this marriage and petitioner desires to be recognized as the owner of an undivided one-half (1/2) interest in and to said property, reserving unto him the right to seek a judicial or extra-judicial partition thereof at any time in the future.

6.

Since irreparable injury, loss or damage may otherwise result, to protect petitioner's interest in the community property, it is necessary that both an injunction and a preliminary injunction be issued herein, enjoining the Defendant from disposing of, alienating or encumbering any of the community property. Unless restrained from doing so, the Defendant will dispose of, alienate or encumber some or all of the community property before notice can be served and a hearing had on the application for a preliminary injunction, resulting in immediate and irreparable injury, loss or damage to petitioner, hence, it is necessary that a temporary restraining order be issued immediately, in the form and substance of the injunction and the preliminary injunctions mentioned above.

WHEREFORE, Petitioner, , prays that:

A. A temporary restraining order be issued herein, according to law, directed to the Defendant, and restraining, enjoining and prohibiting her, her agents, employees and all other persons, firms, or corporations acting or claiming to act in her behalf, from disposing of, alienating, or encumbering any of the property owned by the community of acquets and gains existing between Petitioner and Defendant, and further from withdrawing, converting, or disposing of any of the funds on deposit in any bank or trust company in the name of Defendant;

B. The defendant be ordered to show cause on a date and at an hour to be fixed by this Court why a preliminary injunction in the form and substance of the temporary restraining order prayed for above, should not issue, and that, on the hearing of this rule, proof may be adduced by verified pleadings, by supporting affidavits, or by proof as in ordinary cases, or by any or all of such methods, at the election of the party offering the proof;

C. Judgment be rendered in favor of petitioner and against the defendant; perpetuating the preliminary injunction, decreeing a divorce "a vinculo matrimonii" between the parties, dissolving the community of acquets and gains existing between them, recognizing petitioner to be the owner of an undivided one-half (1/2) interest in and to said community property, reserving unto him the right to seek a judicial or extra-judicial partition thereof at any time in the future, and condemning defendant to pay all costs of these proceedings.

By Counsel,

Attorney at Law

()

La. Bar Roll No.

Please serve Defendant at:

ORDER

It appearing from the verified petition in this case that immediate and irreparable injury, loss or damage will result to petitioner by virtue of the threatened disposal, alienation and encumbering by defendant of property belonging to the community of acquets and gains existing between petitioner and defendant, before notice can be served and a hearing had on petitioner's application for preliminary injunction:

IT IS ORDERED that:

A. A temporary restraining order be issued herein, without bond, directed to , restraining, enjoining and prohibiting her, her agents, employees and all other persons, firms or corporations acting or claiming to act in her behalf, or in concert with her, from disposing of, alienating or encumbering any of the property belonging to the community of acquets and gains existing between and , and held in the name of and/or ; and from withdrawing, converting, or disposing of any of the funds on deposit in any bank or trust company in the name of and/or .

IT IS FURTHER ORDERED that the temporary restraining order listed above shall remain in full force and effect until the hearing on the rule for preliminary injunction scheduled herein.

IT IS FURTHER ORDERED that show cause on the day of , 20 , at o’clock as a fixing why:

A. A preliminary injunction should not be issued herein without bond, directed to , restraining, enjoining and prohibiting her, her agents, employees and all other persons, firms or corporations acting or claiming to act in her behalf, or in concert with her, from disposing of, alienating or encumbering any of the property belonging to the community of acquets and gains existing between and and held in the name of and/or ; and from withdrawing, converting, or disposing of any of the funds on deposit in any bank or trust company in the name of and/or .

THIS ORDER SIGNED at , Parish, Louisiana, this day of , 20 , at o'clock .

AFFIDAVIT

STATE OF LOUISIANA

PARISH OF

BEFORE ME, the undersigned Notary Public, duly commissioned and legally qualified, personally came and appeared , who, being first duly sworn, did depose and say that:

1. He is the Petitioner in the above and foregoing petition;

2. He has read the same; and

3. All of the allegations of fact contained therein are true and correct, to the best of his knowledge, information and belief.

day of 20 .

REQUEST FOR STATUTORY NOTICE

TO: Honorable

Clerk of Court

Pursuant to Article 1572 of the Louisiana Code of Civil Procedure, we hereby request written notice of the date set for trial of the above numbered and entitled cause, or of any date set for trial of any pleadings or motions therein, at least ten (10) days in advance of any trial date.

We also request notice of the signing of any Judgment or of the rendition of any interlocutory order or Judgment in said cause as provided by Articles 1913 and 1914 of the Louisiana Code of Civil Procedure.

Respectfully Submitted:

Attorney at Law

()

La. Bar Roll No.