Fill and Sign the Louisiana Petition for Divorce with Minor Children Property Restraining Order Form

_________________ : _______ JUDICIAL DISTRICT COURT VS : PARISH OF _______ , LOUISIANA _________________ : DOCKET NO. _______ ______________________________________________________________________________ PETITION FOR DIVORCE The petition of _________________ , a resident of the full age of majority of the Parish of _______ , State of Louisiana, respectfully represents that: l. Made Defendant herein is _________________ , a resident of the full age of majority of the Parish of _______ , Louisiana. 2. Petitioner and Defendant were mar ried unto each other on the ___ day of _______ , 20 ___ , in _______ Parish, Louisiana. Thereafter the matrimonial do micile was established in _______ Parish, Louisiana. 3. Of this marriage four (4) children were born, one of which is a major, and the others, namely, _________________ , _______ years old, _________________ , _______ years old and _________________ , _______ years old. _________________ and _________________ are presently in the care, custody and control of your Petitioner, and Petitioner avers that it would be in the best interest of these minor children that their custody be awarded jointly to Plaintiff and Defendant with residence of _________________ and _________________ to be with Plaintiff, _________________ , subject to Defendant =s rights of reasonable visitation. 4. The minor child, _________________ , _______ years old, is currently in the care, custody and control of the Defendant, _________________ , but your Petitioner avers that it would be in the best interest of the minor child that Petitioner be awarded the temporary care, custody and control of the minor child. Due to Defendant =s excessive drinking and mental abuse, she fears for the child =s safety. 5. On _______ ___ , 20 ___ , Petitioner and Defendant physically separated and have not lived as man and wife since that date. 6. Petitioner is entitled to a divorce "a vinculo matrimonii" based on Louisiana Civil Code Article l02. 7. Defendant is gainfully employed, earning a sufficient income and has adequate means to provide, and Petitioner needs a reasonable amount of alimony pendente lite to be determined by this Honorable Court in accord with LSA -C.C. Art. lll, to commence from th e date of the filing of these proceedings and to continue thereafter until further orders of this Honorable Court. 8. Defendant should also be ordered to provide for the support and maintenance of the minor children, ___________ ______ , _________________ and _________________ , in an amount to be determined by the Court. 9. Some c ommunity property was acquired during the existence of this marriage, and petitioner desires to be recognized as the owner of an undivided one -half (l/2) interest in and to said property, reserving unto her the right to seek a judicial or extra -judicial pa rtition thereof at any time in the future. 10. 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 a nd 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 th e injunction and a preliminary injunction mentioned above. l1. Petitioner desires that a temporary restraining order issue herein restraining, enjoining and prohibiting defendant from in any manner threatening, harassing or inflicting bodily harm upon Pla intiff at her home, place of employment, places of recreation, or at any other place, until further orders of this Court. l2. Petitioner desires the use of the _________________ vehicle , pending dissolution of the community properties. 13. Petitioner desires the use and occupancy of the family home, pending dissolution of the community properties. l4. Petitioner is a citizen of this State and because of her poverty and want of means, she is unable to pay the costs of this petition in advance or as they accrue, or to give security therefor, and desires to file and prosecute this action u nder the provisions of La. C.C.P. Arts. 5l8l -5l88. WHEREFORE, Petitioner, _________________ , prays that she be permitted to prosecute this action without prior payment of costs or as they accrue and without giving bond for costs, according to the provisions of La. C.C.P. Art. 5l8. Petitioner further prays that: A. An order be issued herein g ranting Plaintiff the temporary care, custody and control of the minor children of the marriage, subject to Plaintiff's rights of reasonable visitation; B. A temporary restraining order be issued herein, ac cording to law, directed to Defendant, restraining, enjoining and prohibiting him, his 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 propert y 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 Plaintiff and/or Defendant. C. A temp orary restraining order be issued herein directed unto Defendant, _________________ , re straining, enjoining and prohibiting him from in any manner threatening, harassing or inflicting bodily harm upon Plaintiff, _________________ , at her home, her place of employment, place of recreation or at any other place, without bond. D. The Defendant be ordered to show cau se on a date and at an hour to be fixed by this Court why preliminary injunctions, in the form and substance of the temporary restraining orders prayed for above should not issue, and that, on the hearing of these rules, proof may be adduced by verified p leadings, 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; E. The Defendant be ordered to show cause on a date and at an hour to be fixed by this Court why joint custody of the minor children should not be awarded by the Court, with Petitioner being designated the custodial parent, subject to rights of reasonable visitation with the Defendant. F. The Defendant be ordered to show cause on a date and at an hour to be fixed by this Court why he should not be condemned to pay unto Petitioner child support for the support and maintenance of the minor children, namely, _________________ , _________________ and _________________ , in an amount to be determined by the Court. G. The Defendant be ordered to show cause on a date and at an hour to be fixed by this Court why, during the pendency of these proceedings, he should not be condemned to pay unto Plaintiff a reasonable amount of alimony pendente lite to be determined by this Honorable Court in accord with LSA -C.C. Art. lll, to commence from the date of the filing of these proceedings and to continue thereafter until further orders of this Honorable Court. H. The Defendant be ordered to show cause on a date and at an hour to be fixed by this Court, why the Petitioner, _________________ , should n ot be awarded the use of the _________________ vehicle , pending dissolution of the community properties. I. The Defendant be ordered to show cause on a date and at an hour to be fixed by this Court, hwy the Petitioner, _________________ , should not be awarded the use and occupancy of the family home, pending dissolution of the community properties. J. Ju dgment be rendered in favor of Petitioner and against the Defendant perpetuating the preliminary injunctions, decreeing a divorce between the parties, dissolving the community of acquets and gains existing between them, recognizing Petitioner to be the own er of an undivided one -half (l/2) interest in and to said community property, reserving unto her the right to seek a judicial partition thereof at any time in the future, and condemning Defendant to pay all costs of these proceedings. By Counsel, ______ ________________________ _________________ Attorney for Petitioner _________________ __________ , LA __ _____ (___ )_______ La. Bar Roll No. _______ _________________ : _______ JUDICIAL DISTRICT COUR T VS : PARISH OF _______ , LOUISIANA _________________ : DOCKET NO. _______ ______________________________________________________________________________ O R D E R It appearing from t he 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 exis ting between Petitioner and Defendant, before notice can be served and a hearing had on Petitioner's application for preliminary injunction; IT IS ORDERED that the Petitioner, _________________ , be permitted to prosecute this action without prior payment of costs or as they accrue and without giving bond for costs, according to the provision s of La. C.C.P. Art. 5l8l. IT IS FURTHER ORDERED that: A. A temporary restraining order be issued herein, without bond, directed to _________________ , restraining, enjoining and prohibiting him, his agents, employees and all other persons, firms or corporations acting or claiming to act in his behalf, or in concert with him, from disposing o f, alienating or encumbering any of the property belonging to the community of acquets and gains existing between _________________ and/or _________________ , 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 _________________ . B. A temporary restraining order be issued herein, without bond, directed to _________________ , restraining, enjoining and prohibiting him from in any manner threatening, harassing or inflicting bodily harm upon Plaintiff, _________________ at her home, her place of employment, place of recreation or at any other place without bond; C. An order be issued to Petitioner, _________ ________ , granting her the temporary care, custody and control of minor children born of the marriage. D. An order be issued t o Petitioner, _________________ , granting her the use of the _________________ vehicle . E. An order be issued to Petitioner, _________________ , granting her the use and occupancy of the family home. IT IS FURTHER ORDERED that the temporary restraining orders listed above shall remain in full force and effect until the hearing on the rule for preliminary injunctions scheduled herein. IT IS FURTHER ORDERED that _________________ show cause on the _____ day of _______________, 20 ___ , at _____ o’clock ___ .M., as a ______ fixing why: A. A preliminary injunction should not be issued herein, without bond, directed to _________________ restraining, enjoining and prohibiting him, his agents, employees and all other persons, firms or corporations acting or claiming to act in his behalf, or in concert with him, from disposing of, alienating or encumbering any of the property belonging to the community of acquets and gains exist ing 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 _________________ . B. A temporary restraining order should not be issued herein to Defendant, _________________ , restraining, enjoining and prohibiting him from in any manner threatening, harassing or inflicting bodily harm upon Plaintiff, _________________ , at her home, her place of employment, place of recreation, or at any other place without bond. C. Petitioner should not be granted the care, custody and control of the minor chil dren, ________________ _, _________________ and _________________ , subject to Defendant's rights of reasonable visitation. D. Defendant should not be c ondemned to pay unto Petitioner child support for the support and maintenance of the minor children, namely, _________________ , _________________ and _________________ , in an amount to be determined by the Court. E. Defendant should not be condemned to pay unto Petitioner, _________________ , a reasonable amount of alimony pendente lite to be determined by this Honorabl e Court in accord with LSA -C.C. Art. lll, to commence from the date of the filing of these proceedings and to continue thereafter until the further orders of this Honorable Court. THIS ORDER SIGNED in _________________ , _______ Parish, Louisiana, this _____ day of _____________, 20 ___ , at _____ o'clock ____.M. _______________________________ DISTRICT JUDGE PLEASE SERVE DEFENDANT AT: _________________ __________ , LA _______