Domestic & Family Blank Legal Forms
"PETITION FOR DISSOLUTION (2)"

This is not a substitute for legal advice.  An attorney must be consulted.

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PETITION FOR DISSOLUTION

 

 

 

FOR COURT USE ONLY

ATTORNEY OR PARTY WITHOUT ATTORNEY
(Name and Mailing Address):

Elizabeth B. Thompson1
One Cutter Way
San Jose, CA 95113

 

TELEPHONE NO.:203-555-78921

 

ATTORNEY FOR (Name): Susan Elaine Jones2

SUPERIOR COURT OF CALIFORNIA3 , COUNTY OF Santa Clara3

STREET ADDRESS: 170 Park Center Plaza4
MAILING ADDRESS:
CITY AND ZIP CODE: San Jose, CA  951134
BRANCH NAME:

MARRIAGE OF

PETITIONER: Susan Elaine Jones5

RESPONDENT: William Trent Jones6

CASE NUMBER: 1728657

PETITION FOR8

     X     Dissolution of Marriage             And Declaration Under Uniform
            Legal Separation             Child Custody Jurisdiction Act
            Nullity of Marriage

 

 

This is not a substitute for legal advice.  An attorney must be consulted.
Copyright � 2003 by LAWCHEK, LTD.

 

 
  1. RESIDENCE9 (Dissolution only)      X    Petitioner             Respondent has been a resident of this state for at least six months and of the county for at least three months immediately preceding the filing of this Petition for Dissolution of Marriage.

  2. STATISTICAL FACTS10

    1. Date of marriage: July 1, 1972

    2. Date of separation: January 14, 1996

    3. Period between marriage and separation Years 23, Months 6;

  3. DECLARATION REGARDING MINOR CHILDREN OF THIS MARRIAGE FOR WHOM SUPPORT MAY BE ORDERED OR WHO MAY BE SUBJECT TO CUSTODY OR VISITATION ORDERS11

    1.             There are no minor children.

    2.      X     The minor children are:
      Child's Name                    Birthdate                    Sex

      Baby Jones                      June 10, 1979            Male

    3. IF THERE ARE MINOR CHILDREN, COMPLETE EITHER (1) OR (2)12
      (1) Each child name in 3b is currently living with 
          X    Petitioner             Respondent in the following county (specify): Santa Clara

      During the last five years each child has lived in no state other than California13 and with no person other than Petitioner or Respondent or both.  Petitioner has not participated in any capacity in any litigation or proceeding in any state concerning custody of any minor child of this marriage.  Petitioner has no information of any pending custody proceeding or of any person not a party to this proceeding who has physical custody or claims to have custody or visitation rights concerning any minor child of this marriage.

      (2) 
                  A completed Declaration Under Uniform Child Custody Jurisdiction Act is attached.

  4.     X      Petitioner requests confirmation as separate assets and obligations the items listed14 in Attachment 4      X      below:
    Item                                            Confirm to
    1991 Dodge Caravan
    Indebtedness to Hennepin Savings

 

This is not a substitute for legal advice.  An attorney must be consulted.
Copyright � 2003 by LAWCHEK, LTD.

 

 

NOTICE: any party required to pay child support must pay interest on overdue amounts at the "legal" rate, which is currently 10 percent.  This can be a large added amount.

MARRIAGE OF (last name, first name of parties):15

CASE NUMBER:16

Jones, Susan and William

172865

  1. DECLARATION REGARDING COMMUNITY AND QUASI-COMMUNITY ASSETS AND OBLIGATIONS AS CURRENTLY KNOWN17

    1.            There are no such assets or obligations subject to disposition by the court in this proceeding.

    2.      X    All such assets and obligations have been disposed of by written agreement.

    3.            All such assets and obligations are listed in      Attachment 5      b (specify):

  2. Petitioner requests18

    1.     X    Dissolution of the marriage based on
      (1)  
          X    irreconcilable difference. FC 2310(a)
      (2)  
                incurable insanity. FC 2310(b)

    2.           Legal separation of the parties based on
      (1)            irreconcilable difference. FC 2310(a)
      (2)  
                incurable insanity. FC 2310(b)

    3.           Nullity of void marriage based on
      (1)  
                incestuous marriage. FC 2200
      (2)  
                bigamous marriage. FC 2201

    4.           Nullity of voidable marriage based on
      (1)  
                petitioner's age at time of marriage. FC 2210(a)
      (2)  
                prior existing marriage. FC 2210(b)
      (3)  
                unsound mind. FC 2210(c)
      (4)  
                fraud. FC 2210(d)
      (5)  
                force. FC 2210(e)
      (6)  
                physical incapacity. FC 2210(f)

 

 

This is not a substitute for legal advice.  An attorney must be consulted.
Copyright � 2003 by LAWCHEK, LTD.

 

 
  1. Petitioner requests that the court grant the above relief and make injunctive (including restraining) and other orders as follows:19

Petitioner

Respondent

Joint

Other

a. Legal custody of children to 

           

           

    X    

           

b. Physical custody of children to

    X    

           

           

           

c. Child visitation be granted to
      X   unsupervised (specify):

           

     X    

           

           

d. Spousal support payable by (wage assignment will be issued)

     X    

           

           

           

e. Attorney fess and costs payable by

           

     X   

           

           

f.    X     Terminate the court's jurisdiction (ability) to award spousal support to respondent

g.     X    Property rights be determined.

h.     X    Wife's former name be restored (specify):

i.            Other (specify):

  1. If there are minor children of this marriage, the court will make orders for the Support of the children without further notice to either party.  A wage assignment will be issued.

  2. I have read the restraining orders on the back of the Summons, and I understand that they apply to me when this petition is filed.
    I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date: February 14, 199620

                                                  21
SIGNATURE OF PETITIONER

Grace A. Martinsdell22

                                                  23

(TYPE OR PRINT NAME OF ATTORNEY)
SIGNATURE OF ATTORNEY FOR PETITIONER

 

NOTICE:  Please review your will, insurance policies, retirement benefit plans, credit cards, other credit accounts and credit reports, and other matters you may want to change in view of the dissolution or annulment of your marriage, or your legal separation.  However, since changes may require the agreement of your spouse or a court order (see Family Code sections 231-235).

This is not a substitute for legal advice.  An attorney must be consulted.
Copyright � 2003 by LAWCHEK, LTD.

 

The form above is an example of how a typical Petition for Dissolution may be completed.

  1. The name, address and phone number of the petitioner's attorney.

  2. The name of the petitioner.

  3. The sate and/or county in which the case is being filed.

  4. The address of the court in which the case is being filed.

  5. The full name of the Petitioner.

  6. The full name of the Respondent.

  7. The case number assigned by the clerk of court.

  8. The selection of the type of family law case for which the Petition is being used.

  9. The residence requirement to request dissolution.

  10. Facts that are required to be included in the Petition.

  11. The identification of minor children.

  12. A declaration necessary to satisfy the Uniform Child Custody Jurisdiction Act.

  13. The state in which the children have lived for the last five years.

  14. A description of assets which the Petitioner asserts are her separate (not community) property.  Often, the assets are listed on a separate page (Attachment 4) which is included with the Petition form.  No Attachment 4 is provided with this sample form.

  15. The names of the parties.

  16. The number assigned by the clerk of court.

  17. A declaration to disclose existence of community property and debts.  The example shown is to declare that the parties have signed an agreement to dispose of community property.

  18. The grounds for the action.  The example shown is for no-fault ground in dissolution action.

  19. A summary of the terms the Petitioner wants the court to order.

  20. The date the Petitioner signs the Petition.

  21. The signature of the Petitioner.

  22. The typed or printed name of the Petitioner's attorney.

  23. The signature of the Petitioner's attorney.

This is not a substitute for legal advice.  An attorney must be consulted.
Copyright � 2003 by LAWCHEK, LTD.

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