Mississippi Rules of Civil Procedure

IN THE CHANCERY COURT OF

, MISSISSIPPI

PLAINTIFF CIVIL ACTION NO.

VS

DEFENDANT

COMPLAINT FOR DIVORCE

COMES NOW, , Plaintiff, by and through counsel of record and files this his/her Complaint for Divorce, and in support hereof would represent and show unto this Honorable Court the facts following, to-wit:

1. Plaintiff, , is an adult resident citizen of County, Mississippi, residing at , Mississippi, and has been a resident of the State of Mississippi, County of for more than six (6) months next preceding the filing of this Complaint for Divorce.

2. Defendant, , is an adult resident citizen of County, Mississippi, formerly residing at the former marital domicile of , Mississippi and he may be served with process of this Court by serving him at , Mississippi.

3. The parties are members of the race, and were heretofore duly and legally married one to the other on the day of in County, and separated from the marital bedroom in . The parties have not cohabited as husband/wife since the date of said separation.

4. To this union, children were born, namely, , born , and , born , all minor children, residing with Plaintiff herein, who is the fit suitable, proper and logical person to have the temporary and permanent physical, care, control and custody of said minor children, subject to reasonable visitation privileges for the Defendant with said minor. Pursuant to Section 93-23-17, Mississippi Code of 1972, Annotated as amended, Plaintiff attaches hereto as Exhibit "" and makes a part hereof as though copied fully in words and figures, an Affidavit setting forth the information regarding the minor child of the parties as required in said Section 93-23-17, such information also contained therein in connection with the requirements of Rule 8.06, uniform Chancery Court Rules. No other or further issue is expectant from this union.

5. Plaintiff would show that during the course of the marriage he/she has done all within his/her power to be a dutiful, loyal, loving and understanding husband/wife, but despite all of his/her efforts Defendant has entered in a course of conduct that leaves the marriage union irretrievably destroyed, and due to circumstances beyond his/her control, Plaintiff must now seek assistance from the Court to provide for maintenance in an amount sufficient to run the household for himself/herself and the minor children, including any and all bills incurred during the marriage relationship while the parties have cohabited together as husband/wife, in the marital

domicile. The Defendant herein has gone outside the bonds of matrimony and sought out male/female companionship and conjugal privileges with a male/female other than the Plaintiff herein, and by virtue of his/her philandering activities Plaintiff is unwilling to continue cohabitation with Defendant herein.

6. As stated, Defendant has entered in a course of conduct that leaves the marriage union irretrievably destroyed, and due to Defendant's Uncondoned Adultery, of and toward him/her, Plaintiff charges that same has caused to accrue unto him/her statutory grounds for divorce of Uncondoned Adultery, as contemplated by No. 2, Section 93-5-1, Mississippi Code of 1972, Annotated as amended, or in the alternative on the ground of irreconcilable differences as provided for in Section 93-5-2, Mississippi Code of 1972, Annotated as amended.

7. The Defendant is an able-bodied adult male/female, capable of earning a substantial income and should be required by this Court to contribute to the temporary and permanent support and maintenance of the minor children born to this union. Additionally, Defendant should be ordered to keep and maintain health and medical insurance coverage for the minor children and to pay all medical bills which are not covered by such health insurance coverage, including but not limited to drug, dental, hospital, doctor, optical, pharmaceutical expenses, incidental to the health and medical expenses for the minor children. Additionally, Plaintiff requests that this Court order the Defendant to pay all college expenses for the minor children, including but not limited tuition, books, fees, room and board, transportation and other incidental expenses.

8. Plaintiff would show that he/she is presently without funds to properly maintain himself/herself and the minor children in the style and manner in which they are accustomed; and, is entitled to an award of alimony, both temporarily and permanently, lump sum and periodic in amounts to be determined by this Court.

9. Plaintiff is entitled, both temporarily and permanently, to an equitable division of all of the marital assets including the jointly owned property located at , Mississippi, the marital domicile, taking into account, the indebtedness owed thereon, as well as the vacant land adjoining said marital domicile property which is unencumbered. Additionally, Plaintiff is entitled to the exclusive temporary and permanent use, possession, occupancy, and ownership of the marital domicile, and Defendant should be ordered to make as and when due the mortgage payments due thereon, and hold the Plaintiff harmless from same.

10. Plaintiff has substantially contributed to the advancement of Defendant's career and is entitled, both temporarily and permanently, to an equitable division of Defendant's retirement accounts with and any other accounts which Defendant has, all which were accumulated during the course of the marriage union. Additionally, during the course of the marriage, the parties have accumulated numerous items of personal property, including but not limited to household furnishings, furniture, art work, rugs, accessories, china, silver, crystal, and other appurtenances which are located in the marital domicile at , Mississippi; and, Plaintiff is entitled, both temporarily and permanently, to an equitable distribution thereof.

11. Plaintiff is entitled, both temporarily and permanently, to the payment of his/her health insurance premiums and all of his/her uncovered health care expenses until his/her death or remarriage and a policy of life insurance on Defendant to insure same in the event that Defendant should predecease Plaintiff.

12. Defendant should be ordered, both temporarily and permanently, to pay as and when due those certain bills and indebtedness outstanding and incurred by the parties while they were residing together as husband/wife.

13. Plaintiff would show unto this Court that he/she is without sufficient funds with which to pay for the services of his/her attorney and suit money, without causing an undue and unreasonable hardship upon his/her and his/her minor child, and the Defendant should be ordered, both temporarily and permanently, to pay unto the Plaintiff a reasonable sum herein for the services of his/her attorney and costs of court incurred herein.

14. The parties jointly own () vehicles; and, the Defendant should be ordered, both temporarily and permanently, to pay all payments due and owing on said vehicles, including tags, title, insurance, maintenance and upkeep on the vehicle used by the minor children.

15. Plaintiff is in dire and necessitous need of a temporary hearing on the issues of temporary relief as follows:

a. Temporary physical and legal care, custody and control of the minor children of the parties;

b. Temporary support and maintenance for said minor children;

c. Temporary health and medical insurance coverage for the minors and the Plaintiff, and require the Defendant to pay all health and medical expenses not covered by said insurance coverage both for the minor children and the Plaintiff;

d. Temporary use, possession and occupancy of the marital domicile, with the Defendant ordered to make as and when due the mortgage payments due thereon;

e. Temporary use and possession of furniture, fixtures, and all accoutrements marital domicile;

f. Temporary payment by the Defendant of all marital all household goods, contained in said indebtedness;

g. Temporary payment of all college expenses for the minor children; alimony,

h. Temporary payment to Plaintiff of attorney fees and costs of court;

i. Temporary life insurance policy on Defendant's life with the Plaintiff as the named designated beneficiary;

j. Temporary payment to Plaintiff of an equitable Defendant's retirement account(s);

k. Temporary payment by the Defendant on the vehicle jointly owned by the parties and used by the minor children, including but not limited to tags, title, insurance, maintenance and upkeep;

1. Plaintiff requests that this Court set a date and for such temporary hearing; and, that upon a final hearing, Court will award Plaintiff the following permanent relief:

1. A Final Judgment of Divorce Absolute of and from the Defendant on the grounds of Uncondoned Adultery, or in the alternative on the ground of irreconcilable differences; and,

2. Permanent physical and legal care, custody and control of the minor children of the parties subject to reasonable visitation for the Defendant with said minor children; and, division of time this

3. Permanent support and maintenance for said minor children;

4. Permanent health and medical insurance coverage for the minors and the Plaintiff, and require the Defendant to pay all health and medical expenses not covered by said insurance coverage both for the minor children and the Plaintiff;

5. Permanent use, possession and occupancy of the marital domicile, with the Defendant ordered to make as and when due the mortgage payments due thereon;

6. Permanent use and possession of furniture, fixtures, and all accoutrements of the marital domicile;

7. Permanent payment by the Defendant of all marital all household goods, contained in said indebtedness;

8. Permanent payment of all college expenses for the minor children; alimony,

9. Permanent payment to Plaintiff of lump sum and periodic, attorney fees and costs of court;

10. Permanent life insurance policy on Defendant's life Plaintiff as the named designated beneficiary;

11. Permanent payment to Plaintiff of an equitable of Defendants retirement account(s)

12. Permanent payment by the Defendant on the vehicle jointly owned by the parties and used by the minor children, including but not limited to tags, title, insurance, maintenance and upkeep; with the division

13. Permanent distribution of all marital assets accumulated during the course of the marriage.

WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that this Court will receive and file his/her Complaint for Divorce; and, that process issue to the Defendant, returnable to a date and time for a temporary hearing; and, that this Court award Plaintiff the hereinabove recited temporary relief and upon a final hearing hereon, award Plaintiff the permanent relief. If your Plaintiff has prayed for wrong, improper or insufficient relief, then he/she now prays for such other, further, special or general relief to which in equity this Court shall deem mete and proper in the premises.

Respectfully submitted,

Attorney for

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 on his/her oath, states that he/she is the Plaintiff in said Complaint for Divorce, and that said Complaint is not filed by collusion with the Defendant for the purpose of obtaining a divorce but that the causes or causes as therein stated are true and correct.

SWORN TO AND SUBSCRIBED before me, this day of

NOTARY PUBLIC

My Commission Expires:

NOTICE OF HEARING

PLEASE BE ADVISED THAT THE UNDERSIGNED SHALL BRING THIS MATTER FOR A TEMPORARY HEARING, BEFORE CHANCELLOR , IN THE CHANCERY BUILDING, , MISSISSIPPI, ON THE DAY OF , AT O'CLOCK a.m..

ATTORNEY FOR PLAINTIFF,