No-Fault Divorce Application

NO-FAULT DIVORCE APPLICATION

Court Name:    County:    State:    Case No.:

Petitioner Name:    Date of Birth:

Respondent Name:    Date of Birth:

RECITALS

WHEREAS, the parties were lawfully married on in , and have since lived separate and apart; and

WHEREAS, the marriage has experienced an irretrievable breakdown with no reasonable prospect of reconciliation and neither party attributes fault for dissolution; and

WHEREAS, the Petitioner requests the Court to enter a judgment of dissolution of marriage on a no-fault basis and to make such orders as are necessary for the just and equitable division of assets, debts, and parental responsibilities.

NOW THEREFORE

The parties petition the Court and stipulate to the following statements, representations, and requests for relief in support of an entry of final judgment dissolving the marriage.

1. JURISDICTION AND VENUE

1.1 Residency: Petitioner affirms that Petitioner has resided in this State for at least prior to filing and that venue is proper in this County.

1.2 Grounds: The parties assert that the marriage is irretrievably broken due to irreconcilable differences. No party alleges cruelty, abandonment, or other fault that would be the sole basis for relief other than the no-fault ground.

1.3 Separation Date: The parties separated on and have lived separate and apart since that date.

2. RELIEF REQUESTED

2.1 Dissolution: Petitioner requests that the Court enter a judgment dissolving the marriage and restoring the parties to the status of unmarried persons.

2.2 Property Division: The parties request an equitable division of all marital or community property and liabilities. Identify known significant assets and proposed division below.

2.3 Spousal Support: The parties request that the Court determine spousal support as appropriate based on the duration of the marriage, each party's financial resources and needs, and the standard of living established during the marriage.

2.4 Children: Do the parties have minor children born of the marriage?    Yes    No

3. TEMPORARY RELIEF

Pending final hearing, the Petitioner requests the following temporary orders as necessary to preserve status quo and protect the interests of the parties and any minor children:

Temporary child support    Temporary spousal support    Exclusive use of residence    Temporary restraining order (domestic)

4. FINANCIAL DISCLOSURE

4.1 Both parties acknowledge they have exchanged or will exchange complete and accurate financial disclosures including income statements, tax returns for the last three years, and a schedule of assets and liabilities. The parties consent to the Court's consideration of those disclosures in determining equitable division and support.

5. SERVICE, NOTICE, AND ADDRESSES

5.1 Method of Service Requested:

6. ALTERNATIVE DISPUTE RESOLUTION

The parties agree to submit to mediation prior to trial to attempt settlement of issues relating to property division, support, and parenting. If mediation is unsuccessful, either party may request the Court set the matter for hearing.

7. NO-FAULT FINDING

The parties request that the Court find and enter a determination that the marriage is irretrievably broken without any need to assign fault. This Application is submitted pursuant to the State's statutory provision for dissolution based upon irreconcilable differences.

8. FINAL DECREE; ORDERS REQUESTED

The Petitioner requests that, after notice and hearing as required by law, the Court enter a final decree dissolving the marriage and enter such orders as the Court deems necessary and proper regarding:

(a) Equitable distribution of assets and liabilities; (b) custody, visitation, and child support; (c) spousal support; (d) attorney's fees and costs; (e) tax relief and allocation of tax exemptions; and (f) any other relief the Court finds appropriate.

9. MISCELLANEOUS PROVISIONS

GOVERNING LAW. This Application and any resulting judgment shall be governed by the laws of the State in which this Court sits.

ENTIRE AGREEMENT. This Application, together with any financial declarations and parenting plans filed with the Court, constitutes the entire agreement of the parties with respect to the matters asserted herein and supersedes any prior oral or written statements.

SEVERABILITY. If any provision of this Application is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

AMENDMENTS; WAIVER. This Application may be amended only by written agreement signed by both parties or by further order of the Court. No waiver of any provision hereof shall be effective unless in writing.

COUNTERPARTS. This Application may be executed in counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument.

10. CERTIFICATION AND VERIFICATION

By signing below, each party certifies under penalty of perjury under the laws of this State that the statements contained in this Application are true and correct to the best of that party's knowledge, and that each party has made a full and truthful financial disclosure as required by law.

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