Verified Divorce Petition

Verified Divorce Petition

In the , County of , State of , Case No. .

Petitioner: residing at ; Respondent: residing at .

RECITALS

WHEREAS, the parties were lawfully married on in ;

WHEREAS, the parties have since lived separate and apart since , and reconciliation is impracticable;

WHEREAS, Petitioner seeks a judicial decree dissolving the marriage, determining custody of minor children (if any), dividing community and separate property, allocating debts, and awarding such other relief as the Court deems just and proper.

NOW, THEREFORE, Petitioner prays the Court as follows:

1. JURISDICTION AND VENUE

Petitioner alleges that the Court has jurisdiction over this action. Petitioner has been a resident of the State of for at least the required period prior to filing and has resided within this county since . Venue is proper in this County because the parties' marital domicile was located within this County.

2. GROUNDS FOR DISSOLUTION

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

Irreconcilable differences or irretrievable breakdown of the marriage resulting in the irremediable breakdown of the marital relationship.
Adultery.
Cruelty or abusive conduct making continued cohabitation unsafe or improper.
Desertion or abandonment.
Other grounds (describe below).

3. MINOR CHILDREN OF THE MARRIAGE

Number of minor children of the marriage:

4. PROPERTY, ASSETS, AND DEBTS

The parties own or have an interest in the following community property, separate property, and debts. Petitioner requests that the Court make a just and equitable division.

5. SPOUSAL SUPPORT

Petitioner requests that the Court consider awarding spousal support (maintenance/alimony) pursuant to the equities of the case, including duration of marriage, earning capacity of each party, age and health of the parties, and standard of living established during the marriage.

6. TEMPORARY RELIEF

Pending final hearing, Petitioner requests temporary orders for: exclusive use of the marital residence, temporary custody/visitation, temporary support, payment of debts, and preservation of assets. Specific temporary relief requested is set forth below.

7. SERVICE AND NOTICE

Petitioner requests that Respondent be served with process at the following address for service of process and notice:

Notices to counsel or self-represented parties shall be effective when delivered to the addresses provided in this Petition.

8. RELIEF REQUESTED

Petitioner requests that the Court enter judgment as follows:

1. Dissolve the marriage of Petitioner and Respondent;
2. Make such orders as to custody, parenting time, child support, and child-related expenses as are just and proper;
3. Divide community property and debts equitably and confirm separate property interests where supported by evidence;
4. Award spousal support as warranted by the circumstances; and
5. Award costs, reasonable attorney fees, and any other relief the Court deems equitable and necessary for enforcement of its orders.

9. ATTORNEY FEES AND COSTS

Petitioner requests an order awarding costs and reasonable attorney fees to the extent the Court finds such an award equitable and necessary to enable Petitioner to litigate this matter and secure compliance with Court orders.

10. VERIFICATION

I, , declare under penalty of perjury under the laws of the State of that the facts stated in this Petition are true and correct to the best of my knowledge and belief.

Executed on at .

11. MISCELLANEOUS PROVISIONS

Amendments: This Petition may be amended to conform to proof and to add or clarify claims, allegations, or relief as permitted by the Court.

Waiver: A waiver by either party of any provision or breach shall not be construed as a waiver of subsequent breaches or of the provision itself unless expressly set forth in a written instrument.

Counterparts: This Petition may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one instrument.

GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

Governing Law: This Petition shall be governed by the laws of the State of .

Entire Agreement: This Petition contains the allegations and requests of the moving party and constitutes the entire pleading presented herein. No other oral or written statements shall modify the relief requested except by formal amendment filed with the Court.

Severability: If any provision of this Petition is held to be invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

NOTICES

All notices required or permitted shall be in writing and delivered to the addresses set forth below or such other address as a party may designate by written notice filed with the Court.

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