PETITION FOR DISSOLUTION OF MARRIAGE
IN THE CIRCUIT COURT OF [COUNTY] COUNTY, [STATE]
IN RE THE MARRIAGE OF:
[PETITIONER FULL LEGAL NAME],
Petitioner,
and
[RESPONDENT FULL LEGAL NAME],
Respondent.
Case No.: [CASE NUMBER]
Division: [DIVISION]
PETITION FOR DISSOLUTION OF MARRIAGE
COMES NOW the Petitioner, [PETITIONER FULL LEGAL NAME], by and through undersigned counsel (or "pro se" if self-represented), and files this Petition for Dissolution of Marriage against Respondent, [RESPONDENT FULL LEGAL NAME], and in support thereof states as follows:
I. JURISDICTION AND VENUE
-
This Court has jurisdiction over the subject matter of this action and the parties hereto pursuant to [STATE STATUTE CITATION].
-
Venue is proper in [COUNTY] County, [STATE], because:
- ☐ Petitioner has been a resident of [COUNTY] County, [STATE], for at least [STATUTORY PERIOD] immediately prior to filing this Petition.
- ☐ Respondent has been a resident of [COUNTY] County, [STATE], for at least [STATUTORY PERIOD] immediately prior to filing this Petition.
- ☐ The parties' last marital residence was in [COUNTY] County, [STATE].
- ☐ Other: [SPECIFY OTHER BASIS FOR VENUE].
II. PARTIES AND MARRIAGE INFORMATION
A. Petitioner Information
-
Petitioner's full legal name is [PETITIONER FULL LEGAL NAME].
-
Petitioner's current residential address is [PETITIONER'S STREET ADDRESS, CITY, STATE, ZIP CODE].
-
Petitioner's date of birth is [PETITIONER'S DATE OF BIRTH].
-
Petitioner has been a resident of [STATE] for at least [STATUTORY PERIOD] immediately preceding the filing of this Petition, specifically since [DATE].
-
Petitioner has been a resident of [COUNTY] County for [LENGTH OF TIME].
B. Respondent Information
-
Respondent's full legal name is [RESPONDENT FULL LEGAL NAME].
-
Respondent's current residential address is [RESPONDENT'S STREET ADDRESS, CITY, STATE, ZIP CODE].
- ☐ If Respondent's whereabouts are unknown, Petitioner has made the following diligent efforts to locate Respondent: [DESCRIBE EFFORTS].
-
Respondent's date of birth is [RESPONDENT'S DATE OF BIRTH].
-
Upon information and belief, Respondent has been a resident of [STATE] for [LENGTH OF TIME].
C. Marriage Information
-
Petitioner and Respondent were lawfully married on [DATE OF MARRIAGE] in [CITY, COUNTY, STATE/COUNTRY OF MARRIAGE].
-
The parties separated on or about [DATE OF SEPARATION].
-
The duration of the marriage from the date of marriage to the date of separation (or filing) is [YEARS AND MONTHS].
-
This marriage is:
- ☐ A short-term marriage (less than [STATUTORY PERIOD] years)
- ☐ A medium-term marriage ([STATUTORY PERIOD] to [STATUTORY PERIOD] years)
- ☐ A long-term marriage (more than [STATUTORY PERIOD] years)
III. JURISDICTIONAL REQUIREMENTS
-
Petitioner affirms that:
- ☐ Petitioner has been a resident of [STATE] for at least [STATUTORY PERIOD] immediately preceding the filing of this Petition.
- ☐ Respondent has been a resident of [STATE] for at least [STATUTORY PERIOD] immediately preceding the filing of this Petition.
-
The mandatory waiting period of [STATUTORY WAITING PERIOD] has:
- ☐ Been satisfied as of the date of filing this Petition.
- ☐ Not yet been satisfied, but will be satisfied by [DATE].
IV. GROUNDS FOR DISSOLUTION
-
The marriage between the parties is irretrievably broken and there is no reasonable prospect of reconciliation.
-
The irretrievable breakdown is evidenced by:
- ☐ Irreconcilable differences that have caused the permanent breakdown of the marriage
- ☐ The parties have lived separate and apart for a continuous period of at least [STATUTORY PERIOD]
- ☐ Serious marital discord adversely affecting the attitude of one or both parties toward the marriage
- ☐ Other: [SPECIFY]
-
[IF APPLICABLE] In addition to the no-fault grounds stated above, Petitioner alleges the following fault-based grounds for dissolution:
- ☐ Adultery
- ☐ Abandonment/desertion for a continuous period of at least [STATUTORY PERIOD]
- ☐ Cruel and inhuman treatment
- ☐ Habitual drunkenness or drug addiction
- ☐ Conviction of a felony
- ☐ Other: [SPECIFY]
-
[IF FAULT-BASED GROUNDS ALLEGED] The specific facts supporting the fault-based grounds are as follows: [DETAILED DESCRIPTION OF FACTS SUPPORTING FAULT-BASED GROUNDS].
V. CHILDREN OF THE MARRIAGE
A. Minor Children
- The following minor children were born of the marriage or legally adopted by the parties:
Full Legal Name | Date of Birth | Age | Current Address |
---|
[CHILD 1 NAME] | [DOB] | [AGE] | [ADDRESS] |
[CHILD 2 NAME] | [DOB] | [AGE] | [ADDRESS] |
[CHILD 3 NAME] | [DOB] | [AGE] | [ADDRESS] |
- Pregnancy Status:
- ☐ Neither party is currently pregnant.
- ☐ Petitioner is currently pregnant, with an expected due date of [DUE DATE].
- ☐ Respondent is currently pregnant, with an expected due date of [DUE DATE].
B. Child Custody Proposal
-
Petitioner requests the following custody arrangement:
- ☐ Joint legal custody, with both parents sharing decision-making authority regarding the children's education, healthcare, religious upbringing, and other major decisions.
- ☐ Sole legal custody to Petitioner, with Petitioner having exclusive decision-making authority regarding the children's education, healthcare, religious upbringing, and other major decisions.
- ☐ Sole legal custody to Respondent, with Respondent having exclusive decision-making authority regarding the children's education, healthcare, religious upbringing, and other major decisions.
- ☐ Other: [SPECIFY PROPOSED LEGAL CUSTODY ARRANGEMENT].
-
Petitioner requests the following physical custody arrangement:
- ☐ Joint physical custody, with the children residing with each parent according to the parenting time schedule set forth below.
- ☐ Primary physical custody to Petitioner, with Respondent having parenting time as set forth below.
- ☐ Primary physical custody to Respondent, with Petitioner having parenting time as set forth below.
- ☐ Sole physical custody to Petitioner, with Respondent having supervised parenting time as set forth below.
- ☐ Sole physical custody to Respondent, with Petitioner having supervised parenting time as set forth below.
- ☐ Other: [SPECIFY PROPOSED PHYSICAL CUSTODY ARRANGEMENT].
-
The proposed custody arrangement is in the best interests of the minor children because: [DETAILED EXPLANATION OF WHY PROPOSED ARRANGEMENT SERVES CHILDREN'S BEST INTERESTS].
C. Parenting Time/Visitation Schedule
-
Petitioner proposes the following parenting time schedule:
a. Regular Weekday/Weekend Schedule:
- Parent A: [DETAILED SCHEDULE]
- Parent B: [DETAILED SCHEDULE]
b. Summer Vacation Schedule:
- Parent A: [DETAILED SCHEDULE]
- Parent B: [DETAILED SCHEDULE]
c. School Breaks Schedule:
- Winter/Christmas Break: [DETAILED SCHEDULE]
- Spring Break: [DETAILED SCHEDULE]
- Fall Break: [DETAILED SCHEDULE]
- Other School Breaks: [DETAILED SCHEDULE]
d. Holiday Schedule:
- New Year's Eve/Day: [DETAILED SCHEDULE]
- Martin Luther King Jr. Day: [DETAILED SCHEDULE]
- Presidents' Day: [DETAILED SCHEDULE]
- Easter/Passover: [DETAILED SCHEDULE]
- Memorial Day: [DETAILED SCHEDULE]
- Independence Day: [DETAILED SCHEDULE]
- Labor Day: [DETAILED SCHEDULE]
- Halloween: [DETAILED SCHEDULE]
- Thanksgiving: [DETAILED SCHEDULE]
- Christmas Eve/Day: [DETAILED SCHEDULE]
- Mother's Day: [ALWAYS WITH MOTHER]
- Father's Day: [ALWAYS WITH FATHER]
- Children's Birthdays: [DETAILED SCHEDULE]
- Parents' Birthdays: [DETAILED SCHEDULE]
- Other Significant Holidays: [DETAILED SCHEDULE]
e. Transportation Arrangements:
- [DETAILED DESCRIPTION OF TRANSPORTATION ARRANGEMENTS, INCLUDING PICKUP/DROP-OFF LOCATIONS, TIMES, AND RESPONSIBLE PARTIES]
f. Communication During Parenting Time:
- [DETAILED DESCRIPTION OF HOW NON-CUSTODIAL PARENT MAY COMMUNICATE WITH CHILDREN DURING OTHER PARENT'S PARENTING TIME]
g. Right of First Refusal:
- [DETAILED DESCRIPTION OF ANY RIGHT OF FIRST REFUSAL WHEN CUSTODIAL PARENT IS UNAVAILABLE]
D. Child Support Calculation
-
Pursuant to the [STATE] Child Support Guidelines, Petitioner proposes the following child support arrangement:
a. Income Information:
- Petitioner's gross monthly income: $[AMOUNT]
- Respondent's gross monthly income: $[AMOUNT]
- Combined gross monthly income: $[AMOUNT]
b. Basic Child Support Obligation: $[AMOUNT] per month
c. Additional Expenses:
- Health insurance premium for children: $[AMOUNT] per month
- Work-related childcare expenses: $[AMOUNT] per month
- Educational expenses: $[AMOUNT] per month
- Extraordinary medical expenses: $[AMOUNT] per month
- Other extraordinary expenses: $[AMOUNT] per month
d. Total Child Support Obligation: $[AMOUNT] per month
e. Allocation of Child Support Obligation:
- Petitioner's percentage share of income: [PERCENTAGE]%
- Respondent's percentage share of income: [PERCENTAGE]%
- Petitioner's monthly child support obligation: $[AMOUNT]
- Respondent's monthly child support obligation: $[AMOUNT]
-
Petitioner requests that child support payments begin on [DATE] and continue until each child reaches the age of majority (18 years), graduates from high school, or becomes emancipated, whichever occurs last, but in no event beyond the age of [STATUTORY MAXIMUM AGE].
-
Petitioner requests that child support payments be made:
- ☐ Directly to the custodial parent
- ☐ Through the [STATE] Child Support Disbursement Unit
- ☐ By income withholding order through the obligor parent's employer
E. Health Insurance for Children
-
Petitioner proposes the following arrangement for the children's health insurance coverage:
- ☐ Petitioner shall maintain health, dental, and vision insurance coverage for the minor children through employment or other group plan.
- ☐ Respondent shall maintain health, dental, and vision insurance coverage for the minor children through employment or other group plan.
- ☐ Both parties shall maintain health, dental, and vision insurance coverage for the minor children if available at reasonable cost through their respective employers.
- ☐ Other: [SPECIFY PROPOSED HEALTH INSURANCE ARRANGEMENT].
-
The cost of health insurance premiums for the children shall be:
- ☐ Included in the child support calculation
- ☐ Shared equally between the parties
- ☐ Prorated according to the parties' respective incomes
- ☐ Paid entirely by [PETITIONER/RESPONDENT]
- ☐ Other: [SPECIFY]
-
Uncovered medical expenses (including co-pays, deductibles, and any medical, dental, orthodontic, vision, psychological, or other health-related expenses not covered by insurance) shall be:
- ☐ Shared equally between the parties
- ☐ Prorated according to the parties' respective incomes (Petitioner: [PERCENTAGE]%, Respondent: [PERCENTAGE]%)
- ☐ Paid entirely by [PETITIONER/RESPONDENT]
- ☐ Other: [SPECIFY]
F. Extraordinary Expenses for Children
-
Petitioner proposes the following arrangement for extraordinary expenses:
a. Educational Expenses:
- Private school tuition: [DETAILED ARRANGEMENT]
- College expenses: [DETAILED ARRANGEMENT]
- Tutoring: [DETAILED ARRANGEMENT]
- School supplies and fees: [DETAILED ARRANGEMENT]
b. Extracurricular Activities:
- Sports participation: [DETAILED ARRANGEMENT]
- Music/arts lessons: [DETAILED ARRANGEMENT]
- Summer camps: [DETAILED ARRANGEMENT]
- Other activities: [DETAILED ARRANGEMENT]
c. Special Needs Expenses:
- Therapy: [DETAILED ARRANGEMENT]
- Medical equipment: [DETAILED ARRANGEMENT]
- Specialized care: [DETAILED ARRANGEMENT]
G. UCCJEA Information
- The minor children have resided at the following addresses during the past five (5) years:
Address | Dates of Residence | Person(s) With Whom Children Lived |
---|
[ADDRESS 1] | [DATE RANGE] | [NAMES] |
[ADDRESS 2] | [DATE RANGE] | [NAMES] |
[ADDRESS 3] | [DATE RANGE] | [NAMES] |
-
Petitioner:
- ☐ Has not participated as a party, witness, or in any other capacity in any other litigation or custody proceeding concerning custody of the minor children in this or any other state.
- ☐ Has participated in the following litigation or custody proceedings concerning the minor children: [DETAILED DESCRIPTION OF PRIOR PROCEEDINGS].
-
Petitioner:
- ☐ Has no information of any custody proceeding that could affect the current proceeding.
- ☐ Has information about the following custody proceedings that could affect the current proceeding: [DETAILED DESCRIPTION].
-
Petitioner:
- ☐ Does not know of any person not a party to this proceeding who has physical custody of the minor children or claims rights of legal custody or physical custody of, or visitation with, the minor children.
- ☐ Knows of the following persons not a party to this proceeding who have physical custody of the minor children or claim rights of legal custody or physical custody of, or visitation with, the minor children: [NAMES AND ADDRESSES OF SUCH PERSONS].
VI. PROPERTY DIVISION
A. Marital Property Inventory
- During the course of the marriage, the parties acquired the following marital property, which Petitioner requests be equitably divided:
Real Estate
Property Address | Legal Description | Date Acquired | Purchase Price | Current Market Value | Outstanding Mortgage | Equity | Titled Owner(s) | Proposed Disposition |
---|
[ADDRESS 1] | [LEGAL DESCRIPTION] | [DATE] | $[AMOUNT] | $[AMOUNT] | $[AMOUNT] | $[AMOUNT] | [NAMES] | [DISPOSITION] |
[ADDRESS 2] | [LEGAL DESCRIPTION] | [DATE] | $[AMOUNT] | $[AMOUNT] | $[AMOUNT] | $[AMOUNT] | [NAMES] | [DISPOSITION] |
Bank Accounts and Cash
Financial Institution | Account Type | Account Number (last 4 digits) | Current Balance | Titled Owner(s) | Proposed Disposition |
---|
[INSTITUTION 1] | [TYPE] | [####] | $[AMOUNT] | [NAMES] | [DISPOSITION] |
[INSTITUTION 2] | [TYPE] | [####] | $[AMOUNT] | [NAMES] | [DISPOSITION] |
Vehicles and Watercraft
Make/Model | Year | VIN/HIN (last 4 digits) | Current Value | Outstanding Loan | Equity | Titled Owner(s) | Proposed Disposition |
---|
[VEHICLE 1] | [YEAR] | [####] | $[AMOUNT] | $[AMOUNT] | $[AMOUNT] | [NAMES] | [DISPOSITION] |
[VEHICLE 2] | [YEAR] | [####] | $[AMOUNT] | $[AMOUNT] | $[AMOUNT] | [NAMES] | [DISPOSITION] |
Retirement and Investment Accounts
Financial Institution | Account Type | Account Number (last 4 digits) | Current Value | Marital Portion | Titled Owner | Proposed Disposition |
---|
[INSTITUTION 1] | [TYPE] | [####] | $[AMOUNT] | $[AMOUNT] | [NAME] | [DISPOSITION] |
[INSTITUTION 2] | [TYPE] | [####] | $[AMOUNT] | $[AMOUNT] | [NAME] | [DISPOSITION] |
Business Interests
Business Name | Entity Type | Ownership Percentage | Date Acquired | Current Value | Valuation Method | Proposed Disposition |
---|
[BUSINESS 1] | [TYPE] | [PERCENTAGE]% | [DATE] | $[AMOUNT] | [METHOD] | [DISPOSITION] |
[BUSINESS 2] | [TYPE] | [PERCENTAGE]% | [DATE] | $[AMOUNT] | [METHOD] | [DISPOSITION] |
Personal Property of Significant Value
Item Description | Date Acquired | Purchase Price | Current Value | Current Possession | Proposed Disposition |
---|
[ITEM 1] | [DATE] | $[AMOUNT] | $[AMOUNT] | [NAME] | [DISPOSITION] |
[ITEM 2] | [DATE] | $[AMOUNT] | $[AMOUNT] | [NAME] | [DISPOSITION] |
Other Marital Assets
Asset Description | Date Acquired | Purchase Price | Current Value | Titled Owner(s) | Proposed Disposition |
---|
[ASSET 1] | [DATE] | $[AMOUNT] | $[AMOUNT] | [NAMES] | [DISPOSITION] |
[ASSET 2] | [DATE] | $[AMOUNT] | $[AMOUNT] | [NAMES] | [DISPOSITION] |
B. Separate Property Inventory
- Petitioner claims the following property as separate property not subject to division:
Asset Description | Basis for Separate Property Claim | Date Acquired | Current Value | Current Possession | Supporting Documentation |
---|
[ASSET 1] | [BASIS] | [DATE] | $[AMOUNT] | [NAME] | [DOCUMENTATION] |
[ASSET 2] | [BASIS] | [DATE] | $[AMOUNT] | [NAME] | [DOCUMENTATION] |
- Petitioner acknowledges that Respondent may claim the following property as separate property:
Asset Description | Basis for Separate Property Claim | Date Acquired | Current Value | Current Possession | Petitioner's Position |
---|
[ASSET 1] | [BASIS] | [DATE] | $[AMOUNT] | [NAME] | [POSITION] |
[ASSET 2] | [BASIS] | [DATE] | $[AMOUNT] | [NAME] | [POSITION] |
C. Real Estate Details
-
The parties own the following real estate:
a. Primary Marital Residence:
- Address: [FULL ADDRESS]
- Legal Description: [LEGAL DESCRIPTION]
- Date Acquired: [DATE]
- Purchase Price: $[AMOUNT]
- Current Market Value: $[AMOUNT] (based on [APPRAISAL/COMPARATIVE MARKET ANALYSIS/TAX ASSESSMENT])
- First Mortgage: $[AMOUNT] (Lender: [LENDER NAME])
- Second Mortgage/HELOC: $[AMOUNT] (Lender: [LENDER NAME])
- Total Equity: $[AMOUNT]
- Titled Owners: [NAMES]
- Proposed Disposition: [DETAILED PROPOSAL]
b. Additional Real Property:
- Address: [FULL ADDRESS]
- Legal Description: [LEGAL DESCRIPTION]
- Date Acquired: [DATE]
- Purchase Price: $[AMOUNT]
- Current Market Value: $[AMOUNT] (based on [APPRAISAL/COMPARATIVE MARKET ANALYSIS/TAX ASSESSMENT])
- Mortgage: $[AMOUNT] (Lender: [LENDER NAME])
- Total Equity: $[AMOUNT]
- Titled Owners: [NAMES]
- Proposed Disposition: [DETAILED PROPOSAL]
D. Business Interests
-
The parties have ownership interests in the following businesses:
a. Business Name: [BUSINESS NAME]
- Entity Type: [CORPORATION/LLC/PARTNERSHIP/SOLE PROPRIETORSHIP]
- Date Acquired/Founded: [DATE]
- Ownership Percentage: [PERCENTAGE]%
- Initial Investment: $[AMOUNT]
- Current Value: $[AMOUNT]
- Valuation Method: [INCOME APPROACH/MARKET APPROACH/ASSET APPROACH]
- Valuation Date: [DATE]
- Valuation Performed By: [NAME/FIRM]
- Business Assets: [DESCRIPTION]
- Business Liabilities: [DESCRIPTION]
- Annual Revenue (last 3 years): $[AMOUNT] ([YEAR]), $[AMOUNT] ([YEAR]), $[AMOUNT] ([YEAR])
- Annual Profit (last 3 years): $[AMOUNT] ([YEAR]), $[AMOUNT] ([YEAR]), $[AMOUNT] ([YEAR])
- Proposed Disposition: [DETAILED PROPOSAL]
E. Retirement and Investment Accounts
-
The parties have the following retirement and investment accounts:
a. Account Type: [401(K)/IRA/PENSION/INVESTMENT ACCOUNT]
- Financial Institution: [INSTITUTION NAME]
- Account Number (last 4 digits): [####]
- Account Holder: [NAME]
- Date Opened: [DATE]
- Premarital Value: $[AMOUNT] (as of [DATE])
- Current Value: $[AMOUNT] (as of [DATE])
- Marital Portion: $[AMOUNT]
- Proposed Division: [DETAILED PROPOSAL]
- Qualified Domestic Relations Order (QDRO) Required: [YES/NO]
F. Personal Property Division
-
Petitioner proposes the following division of household items, furniture, and personal effects:
a. Items to be Awarded to Petitioner:
- [DETAILED LIST OF ITEMS WITH ESTIMATED VALUES]
b. Items to be Awarded to Respondent:
- [DETAILED LIST OF ITEMS WITH ESTIMATED VALUES]
c. Items to be Sold and Proceeds Divided:
- [DETAILED LIST OF ITEMS WITH ESTIMATED VALUES AND PROPOSED DIVISION OF PROCEEDS]
d. Items in Dispute:
- [DETAILED LIST OF ITEMS WITH ESTIMATED VALUES AND EACH PARTY'S POSITION]
G. Vehicles and Watercraft
-
The parties own the following vehicles and watercraft:
a. Vehicle/Watercraft: [MAKE/MODEL/YEAR]
- Vehicle Identification Number (VIN)/Hull Identification Number (HIN) (last 4 digits): [####]
- Titled Owner(s): [NAMES]
- Date Acquired: [DATE]
- Purchase Price: $[AMOUNT]
- Current Value: $[AMOUNT] (based on [KELLEY BLUE BOOK/NADA/APPRAISAL])
- Outstanding Loan: $[AMOUNT] (Lender: [LENDER NAME])
- Monthly Payment: $[AMOUNT]
- Current Possession: [NAME]
- Proposed Disposition: [DETAILED PROPOSAL]
VII. DEBT DIVISION
A. Marital Debt Inventory
- During the course of the marriage, the parties incurred the following marital debts, which Petitioner requests be equitably divided:
Mortgages and Real Estate Loans
Property Address | Lender | Account Number (last 4 digits) | Original Amount | Current Balance | Monthly Payment | Named Borrower(s) | Proposed Allocation |
---|
[ADDRESS 1] | [LENDER] | [####] | $[AMOUNT] | $[AMOUNT] | $[AMOUNT] | [NAMES] | [ALLOCATION] |
[ADDRESS 2] | [LENDER] | [####] | $[AMOUNT] | $[AMOUNT] | $[AMOUNT] | [NAMES] | [ALLOCATION] |
Auto Loans
Vehicle | Lender | Account Number (last 4 digits) | Original Amount | Current Balance | Monthly Payment | Named Borrower(s) | Proposed Allocation |
---|
[VEHICLE 1] | [LENDER] | [####] | $[AMOUNT] | $[AMOUNT] | $[AMOUNT] | [NAMES] | [ALLOCATION] |
[VEHICLE 2] | [LENDER] | [####] | $[AMOUNT] | $[AMOUNT] | $[AMOUNT] | [NAMES] | [ALLOCATION] |
Credit Cards
Creditor | Account Number (last 4 digits) | Credit Limit | Current Balance | Monthly Payment | Named Borrower(s) | Proposed Allocation |
---|
[CREDITOR 1] | [####] | $[AMOUNT] | $[AMOUNT] | $[AMOUNT] | [NAMES] | [ALLOCATION] |
[CREDITOR 2] | [####] | $[AMOUNT] | $[AMOUNT] | $[AMOUNT] | [NAMES] | [ALLOCATION] |
Personal Loans
Lender | Account Number (last 4 digits) | Original Amount | Current Balance | Monthly Payment | Purpose | Named Borrower(s) | Proposed Allocation |
---|
[LENDER 1] | [####] | $[AMOUNT] | $[AMOUNT] | $[AMOUNT] | [PURPOSE] | [NAMES] | [ALLOCATION] |
[LENDER 2] | [####] | $[AMOUNT] | $[AMOUNT] | $[AMOUNT] | [PURPOSE] | [NAMES] | [ALLOCATION] |
Tax Liabilities
Tax Type | Tax Year | Amount Owed | Filing Status | Proposed Allocation |
---|
[TYPE] | [YEAR] | $[AMOUNT] | [STATUS] | [ALLOCATION] |
[TYPE] | [YEAR] | $[AMOUNT] | [STATUS] | [ALLOCATION] |
Other Marital Debts
Creditor | Account Number (last 4 digits) | Original Amount | Current Balance | Monthly Payment | Purpose | Named Borrower(s) | Proposed Allocation |
---|
[CREDITOR 1] | [####] | $[AMOUNT] | $[AMOUNT] | $[AMOUNT] | [PURPOSE] | [NAMES] | [ALLOCATION] |
[CREDITOR 2] | [####] | $[AMOUNT] | $[AMOUNT] | $[AMOUNT] | [PURPOSE] | [NAMES] | [ALLOCATION] |
B. Separate Debt Inventory
- Petitioner claims the following debts as separate debts not subject to division:
Creditor | Account Number (last 4 digits) | Original Amount | Current Balance | Monthly Payment | Basis for Separate Debt Claim | Named Borrower(s) |
---|
[CREDITOR 1] | [####] | $[AMOUNT] | $[AMOUNT] | $[AMOUNT] | [BASIS] | [NAMES] |
[CREDITOR 2] | [####] | $[AMOUNT] | $[AMOUNT] | $[AMOUNT] | [BASIS] | [NAMES] |
- Petitioner acknowledges that Respondent may claim the following debts as separate debts:
Creditor | Account Number (last 4 digits) | Original Amount | Current Balance | Monthly Payment | Basis for Separate Debt Claim | Named Borrower(s) | Petitioner's Position |
---|
[CREDITOR 1] | [####] | $[AMOUNT] | $[AMOUNT] | $[AMOUNT] | [BASIS] | [NAMES] | [POSITION] |
[CREDITOR 2] | [####] | $[AMOUNT] | $[AMOUNT] | $[AMOUNT] | [BASIS] | [NAMES] | [POSITION] |
C. Proposed Debt Allocation
-
Petitioner proposes the following allocation of marital debts:
a. Debts to be Assumed by Petitioner:
- [DETAILED LIST OF DEBTS WITH CURRENT BALANCES]
- Total: $[AMOUNT]
b. Debts to be Assumed by Respondent:
- [DETAILED LIST OF DEBTS WITH CURRENT BALANCES]
- Total: $[AMOUNT]
-
Petitioner proposes the following provisions regarding debt allocation:
a. Each party shall be solely responsible for all debts allocated to them and shall indemnify and hold the other party harmless from any liability thereon.
b. Each party shall make timely payments on all debts allocated to them and shall not do anything to impair the credit of the other party.
c. Each party shall cooperate in executing any documents necessary to remove the other party's name from any debts allocated to them, including refinancing when necessary and feasible.
d. In the event either party fails to pay any debt allocated to them and the other party suffers damage to their credit or is required to make payments on such debt, the defaulting party shall be liable for all damages, including actual payments made, credit repair costs, and reasonable attorney's fees incurred in enforcing this provision.
VIII. FINANCIAL SUPPORT
A. Spousal Support/Alimony Request
-
Petitioner requests:
- ☐ No spousal support/alimony
- ☐ Temporary spousal support/alimony during the pendency of this action
- ☐ Short-term rehabilitative spousal support/alimony
- ☐ Long-term/permanent spousal support/alimony
- ☐ Lump-sum spousal support/alimony
- ☐ Reimbursement spousal support/alimony
-
Petitioner requests spousal support/alimony in the amount of $[AMOUNT] per month for a period of [DURATION] beginning on [DATE].
-
The requested spousal support/alimony is:
- ☐ Modifiable based on a substantial change in circumstances
- ☐ Non-modifiable as to amount
- ☐ Non-modifiable as to duration
- ☐ Non-modifiable as to both amount and duration
- ☐ Terminable upon the death of either party
- ☐ Terminable upon the remarriage of the recipient
- ☐ Terminable upon the cohabitation of the recipient with a romantic partner
- ☐ Not terminable upon remarriage or cohabitation
B. Income Information
-
Petitioner's income information:
- Current employer: [EMPLOYER NAME]
- Position/title: [POSITION]
- Length of employment: [DURATION]
- Gross monthly income from employment: $[AMOUNT]
- Net monthly income from employment: $[AMOUNT]
- Self-employment income: $[AMOUNT] per month
- Rental income: $[AMOUNT] per month
- Investment income: $[AMOUNT] per month
- Retirement/pension income: $[AMOUNT] per month
- Other income: $[AMOUNT] per month (source: [SOURCE])
- Total monthly income from all sources: $[AMOUNT]
-
Respondent's income information (to the best of Petitioner's knowledge):
- Current employer: [EMPLOYER NAME]
- Position/title: [POSITION]
- Length of employment: [DURATION]
- Gross monthly income from employment: $[AMOUNT]
- Net monthly income from employment: $[AMOUNT]
- Self-employment income: $[AMOUNT] per month
- Rental income: $[AMOUNT] per month
- Investment income: $[AMOUNT] per month
- Retirement/pension income: $[AMOUNT] per month
- Other income: $[AMOUNT] per month (source: [SOURCE])
- Total monthly income from all sources: $[AMOUNT]
C. Financial Need Analysis
-
Petitioner's monthly expenses:
- Housing (mortgage/rent): $[AMOUNT]
- Utilities (electricity, gas, water, sewer, trash): $[AMOUNT]
- Telephone and internet: $[AMOUNT]
- Food and household supplies: $[AMOUNT]
- Clothing and personal care: $[AMOUNT]
- Transportation (car payment, insurance, gas, maintenance): $[AMOUNT]
- Health insurance and medical expenses: $[AMOUNT]
- Child-related expenses: $[AMOUNT]
- Entertainment and recreation: $[AMOUNT]
- Debt payments: $[AMOUNT]
- Other expenses: $[AMOUNT]
- Total monthly expenses: $[AMOUNT]
-
The standard of living established during the marriage included:
- [DETAILED DESCRIPTION OF MARITAL STANDARD OF LIVING]
-
Factors supporting Petitioner's request for spousal support:
- Length of marriage: [DURATION]
- Age and health of parties: [DESCRIPTION]
- Education and employment history of parties: [DESCRIPTION]
- Earning capacity of parties: [DESCRIPTION]
- Contributions to the marriage (financial and non-financial): [DESCRIPTION]
- Sacrifices made for the benefit of the marriage: [DESCRIPTION]
- Time needed for education or training to become self-sufficient: [DESCRIPTION]
- Tax consequences of spousal support: [DESCRIPTION]
- Other relevant factors: [DESCRIPTION]
IX. NAME CHANGE
-
Petitioner requests:
- ☐ No name change
- ☐ Restoration of former/maiden name to: [FULL LEGAL NAME]
-
Petitioner believes Respondent:
- ☐ Does not wish to change their name
- ☐ Wishes to restore their former/maiden name to: [FULL LEGAL NAME]
X. TEMPORARY ORDERS
- Petitioner requests the following temporary orders during the pendency of this action:
A. Temporary Child Custody
- Petitioner requests temporary custody of the minor children as follows:
- ☐ Joint legal custody
- ☐ Sole legal custody to Petitioner
- ☐ Sole legal custody to Respondent
- ☐ Joint physical custody with the following schedule: [DETAILED SCHEDULE]
- ☐ Primary physical custody to Petitioner with the following parenting time for Respondent: [DETAILED SCHEDULE]
- ☐ Primary physical custody to Respondent with the following parenting time for Petitioner: [DETAILED SCHEDULE]
B. Temporary Child Support
- Petitioner requests temporary child support in the amount of $[AMOUNT] per month to be paid by [PETITIONER/RESPONDENT] beginning on [DATE].
C. Temporary Spousal Support
- Petitioner requests temporary spousal support in the amount of $[AMOUNT] per month to be paid by [PETITIONER/RESPONDENT] beginning on [DATE].
D. Temporary Use of Property
- Petitioner requests temporary exclusive use and possession of:
- ☐ The marital residence located at [ADDRESS]
- ☐ The following vehicle(s): [VEHICLE DESCRIPTION(S)]
- ☐ The following personal property: [PROPERTY DESCRIPTION]
- ☐ Other: [SPECIFY]
E. Status Quo Financial Orders
- Petitioner requests the following temporary financial orders:
- ☐ Each party shall maintain all currently existing insurance policies (health, life, auto, homeowners) without change in coverage or beneficiary designations.
- ☐ Each party shall continue paying the bills and expenses they have historically paid during the marriage.
- ☐ Neither party shall incur extraordinary expenses or dissipate marital assets without the written consent of the other party or court order.
- ☐ Neither party shall close, transfer funds from, or change beneficiaries on any joint accounts without the written consent of the other party or court order.
- ☐ Each party shall provide the other with copies of all financial statements, including bank statements, credit card statements, and investment account statements, on a monthly basis.
- ☐ Other: [SPECIFY]
XI. LEGAL PROTECTIONS
A. Domestic Violence Allegations
- ☐ There have been no incidents of domestic violence between the parties.
☐ There have been incidents of domestic violence between the parties, specifically:
- [DETAILED DESCRIPTION OF INCIDENTS, INCLUDING DATES, LOCATIONS, AND NATURE OF VIOLENCE]
- Police reports were filed: [YES/NO]
- Criminal charges were filed: [YES/NO]
- Protective orders were issued: [YES/NO]
- Impact on children: [DESCRIPTION]
B. Restraining Order Requests
- Petitioner requests:
- ☐ No restraining orders
- ☐ A mutual restraining order prohibiting both parties from harassing, threatening, or committing acts of domestic violence against the other
- ☐ A restraining order prohibiting Respondent from:
- ☐ Coming within [DISTANCE] feet of Petitioner
- ☐ Coming within [DISTANCE] feet of Petitioner's residence
- ☐ Coming within [DISTANCE] feet of Petitioner's workplace
- ☐ Coming within [DISTANCE] feet of the children's school or childcare
- ☐ Contacting Petitioner directly or indirectly except regarding:
- ☐ Child-related matters
- ☐ Financial matters related to the divorce
- ☐ Through attorneys only
- ☐ Through a third-party intermediary: [NAME]
- ☐ In writing only
- ☐ Other: [SPECIFY]
C. Non-Dissipation Provisions
- Petitioner requests an order prohibiting both parties from:
- Selling, transferring, encumbering, concealing, or in any way disposing of any property, real or personal, belonging to or acquired by either party, except in the usual course of business or for the necessities of life, without the written consent of the other party or an order of the court.
- Canceling, modifying, terminating, or allowing to lapse for nonpayment of premiums, any policy of health, homeowner's or renter's, automobile, or life insurance that provides coverage to either party or the minor children.
- Changing or attempting to change the beneficiaries on any policy of health, homeowner's or renter's, automobile, or life insurance that provides coverage to either party or the minor children.
- Opening or diverting mail addressed to the other party.
- Signing or endorsing the other party's name on any negotiable instrument, check, or draft, such as tax refunds, insurance payments, and dividends, or attempting to negotiate any negotiable instrument payable to the other party without the personal signature of the other party.
- Taking any action to hide or conceal marital assets.
XII. TAX CONSIDERATIONS
A. Tax Filing Status
- Petitioner proposes the following tax filing status:
- For tax year [CURRENT YEAR]:
- ☐ Married filing jointly
- ☐ Married filing separately
- ☐ Head of household (if qualified)
- For future tax years:
- ☐ Single (after divorce is final)
- ☐ Head of household (if qualified)
B. Dependency Exemptions
-
Petitioner proposes the following allocation of dependency exemptions for the minor children:
- ☐ Petitioner shall claim all children every year
- ☐ Respondent shall claim all children every year
- ☐ The parties shall alternate claiming all children (Petitioner in even years, Respondent in odd years)
- ☐ The parties shall alternate claiming all children (Petitioner in odd years, Respondent in even years)
- ☐ Petitioner shall claim the following children: [NAMES]
- ☐ Respondent shall claim the following children: [NAMES]
- ☐ Other: [SPECIFY]
-
The right to claim dependency exemptions shall be contingent upon the claiming party being current in all child support and medical support obligations as of December 31 of the tax year in question.
C. Tax Liability Division
- Petitioner proposes the following division of tax liabilities and refunds:
- For joint returns previously filed:
- Any tax liability: [ALLOCATION]
- Any tax refunds: [ALLOCATION]
- For the current tax year:
- Any tax liability: [ALLOCATION]
- Any tax refunds: [ALLOCATION]
- For future tax years: Each party shall be solely responsible for their own tax liabilities and entitled to their own tax refunds.
XIII. INSURANCE
A. Health Insurance Continuation
- Petitioner proposes the following regarding health insurance:
- For Petitioner:
- ☐ Petitioner will maintain their own health insurance through their employer
- ☐ Petitioner will obtain health insurance through the marketplace/exchange
- ☐ Petitioner will continue coverage through Respondent's plan via COBRA (at Petitioner's expense)
- ☐ Other: [SPECIFY]
- For Respondent:
- ☐ Respondent will maintain their own health insurance through their employer
- ☐ Respondent will obtain health insurance through the marketplace/exchange
- ☐ Respondent will continue coverage through Petitioner's plan via COBRA (at Respondent's expense)
- ☐ Other: [SPECIFY]
- For Children:
- ☐ Petitioner will maintain health insurance for the children through their employer
- ☐ Respondent will maintain health insurance for the children through their employer
- ☐ Both parties will maintain health insurance for the children if available through their employers
- ☐ Other: [SPECIFY]
B. Life Insurance Requirements
- Petitioner proposes the following regarding life insurance:
- ☐ Petitioner shall maintain life insurance in the amount of $[AMOUNT] with the following beneficiaries: [NAMES/RELATIONSHIP]
- ☐ Respondent shall maintain life insurance in the amount of $[AMOUNT] with the following beneficiaries: [NAMES/RELATIONSHIP]
- ☐ The life insurance shall remain in effect until:
- ☐ The youngest child reaches the age of majority
- ☐ All child support obligations are fulfilled
- ☐ All spousal support obligations are fulfilled
- ☐ Other: [SPECIFY]
- ☐ Each party shall provide proof of compliance with this provision annually by [DATE] of each year.
C. Property Insurance Transition
- Petitioner proposes the following regarding property insurance:
- For the marital residence:
- ☐ The party awarded the marital residence shall be responsible for obtaining and maintaining homeowner's insurance.
- ☐ Until the marital residence is sold or transferred, [PETITIONER/RESPONDENT] shall maintain the existing homeowner's insurance.
- For vehicles:
- ☐ Each party shall be responsible for obtaining and maintaining insurance on the vehicles awarded to them.
- ☐ Until vehicle titles are transferred, the current insurance shall remain in effect.
- For other insured property:
XIV. LEGAL FEES
-
Petitioner requests:
- ☐ Each party to pay their own attorney's fees and costs
- ☐ Respondent to contribute $[AMOUNT] toward Petitioner's attorney's fees and costs
- ☐ Respondent to pay all of Petitioner's attorney's fees and costs
- ☐ Attorney's fees and costs to be paid from marital assets before division
- ☐ Other: [SPECIFY]
-
This request is based on:
- ☐ Disparity in income and financial resources between the parties
- ☐ Respondent's conduct that unnecessarily increased the cost of litigation
- ☐ Other: [SPECIFY]
XV. PROCEDURAL REQUIREMENTS
A. Alternative Dispute Resolution
- Petitioner:
- ☐ Is willing to participate in mediation
- ☐ Is willing to participate in collaborative divorce process
- ☐ Is willing to participate in early neutral evaluation
- ☐ Requests a waiver of alternative dispute resolution requirements due to:
- ☐ History of domestic violence
- ☐ Power imbalance between the parties
- ☐ Other: [SPECIFY]
B. Financial Disclosure Compliance
- Petitioner:
- ☐ Has filed the required financial disclosure forms with this Petition
- ☐ Will file the required financial disclosure forms within [STATUTORY TIMEFRAME]
- ☐ Requests additional time to file financial disclosure forms due to: [REASON]
C. Service Instructions
- Petitioner requests that Respondent be served with process as follows:
- ☐ Personal service at Respondent's residence: [ADDRESS]
- ☐ Personal service at Respondent's workplace: [ADDRESS]
- ☐ Service by certified mail, return receipt requested
- ☐ Service by publication because: [DETAILED EXPLANATION OF EFFORTS TO LOCATE RESPONDENT]
- ☐ Waiver of service to be requested from Respondent
- ☐ Other: [SPECIFY]
XVI. PRAYER FOR RELIEF
WHEREFORE, Petitioner respectfully requests that this Honorable Court:
-
Enter a Decree of Dissolution of Marriage dissolving the marriage between Petitioner and Respondent;
-
Award custody of the minor children as follows:
- ☐ Joint legal custody to both parties
- ☐ Sole legal custody to Petitioner
- ☐ Sole legal custody to Respondent
- ☐ Joint physical custody with the parenting time schedule set forth in this Petition
- ☐ Primary physical custody to Petitioner with parenting time to Respondent as set forth in this Petition
- ☐ Primary physical custody to Respondent with parenting time to Petitioner as set forth in this Petition
-
Order child support in accordance with the [STATE] Child Support Guidelines;
-
Order the division of marital property and allocation of marital debts as set forth in this Petition;
-
Order spousal support/alimony as set forth in this Petition;
-
Restore Petitioner's former/maiden name to [FULL LEGAL NAME];
-
Enter the temporary orders requested in this Petition;
-
Order Respondent to contribute to Petitioner's attorney's fees and costs as set forth in this Petition;
-
Enter such restraining orders and non-dissipation orders as set forth in this Petition;
-
Order the parties to maintain existing insurance coverage and allocate future insurance responsibilities as set forth in this Petition;
-
Allocate tax exemptions and address tax issues as set forth in this Petition;
-
Grant such other and further relief as the Court deems just and proper under the circumstances.
Respectfully submitted,
Dated: [DATE]
[PETITIONER FULL LEGAL NAME], Petitioner
[ADDRESS]
[PHONE NUMBER]
[EMAIL ADDRESS]
[IF REPRESENTED BY COUNSEL:]
[ATTORNEY NAME], Esq.
[FIRM NAME]
[ADDRESS]
[PHONE NUMBER]
[EMAIL ADDRESS]
[BAR NUMBER]
Attorney for Petitioner
VERIFICATION
I, [PETITIONER FULL LEGAL NAME], being first duly sworn upon oath, state that I am the Petitioner in the above-entitled action, that I have read the foregoing Petition for Dissolution of Marriage and know the contents thereof, and that the statements contained therein are true and correct to the best of my knowledge, information, and belief.
[PETITIONER FULL LEGAL NAME]
Subscribed and sworn to before me this ____ day of ____________, [YEAR].
Notary Public
My Commission Expires: _______________