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Dissolution of Marriage (Divorce) – Sample

Phil Photo New By Philip M. Snyder

Here is a sample Dissolution of Marriage filed on behald of our client in Broward County, Florida.   Although all divorces are fact-specific, this particular pleading incorporates many of the issues present in a contested divorce.

The parties names have been deleted to protect their privacy.  The formatting may be distorted from its original form.

IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA

IN RE: THE MARRIAGE OF:     CASE NUMBER: 
XXXXXXXXX,
 Petitioner/Wife,
and

*************,
  Respondent/Husband /
WIFE’S PETITION FOR DISSOLUTION OF MARRIAGE, TEMPORARY INJUNCTION AND FOR OTHER RELIEF

The Petitioner/Wife, XXXXXXXXX (hereinafter referred to as “Wife”), by and through her undersigned counsel, files her Petition for Dissolution of Marriage, Temporary Injunction and for Other Relief against the Respondent/Husband, *********** (hereinafter referred to as “Husband”) and shows the Court the following:

INTRODUCTION
COUNT I – DISSOLUTION OF MARRIAGE

1. This is a Petition for Dissolution of Marriage.
2. The Wife is a resident of Broward County, Florida and has been so for more than six months last past and preceding the filing of this Petition for Dissolution of Marriage.
3. The Husband is a resident of the State of Florida and subject to the personal jurisdiction and venue of this Court.
4. The Wife is over the age of eighteen (18) years, is not in the military service of the United States or its allies, and in all respects is sui juris.
5. The parties were duly married to each other in Plantation, Florida on June 14, 1985.  The parties last resided together as Husband and Wife in Broward County, Florida. 
6. The marriage is irretrievably broken. 
7. There are no minor children of this marriage as their one son has reached majority and is not dependent upon the parties for support as a result of any disabilities.  No other future children are contemplated.  

ALIMONY

8. The Husband, who is a successful financial planner/advisor and currently owns and operates his own financial services companies from which he earns a substantial income.  The Husband can afford to contribute to the support of the Wife in order that the Wife maintain herself in the same standard she enjoyed during the marriage and to provide for her future security and well-being.  The Wife has a need for such an award.  The Wife requests that the Court order the Husband to pay her alimony based on her needs.  The Wife is entitled to temporary alimony, permanent alimony, rehabilitative alimony and/or lump sum alimony.
9. STANDARD OF LIVING:  The standard of living established during the marriage by the Husband was very comfortable.  The Wife has been provided with and drives a 2006 Jaguar XJ.  The Husband drives a 2004 Lexus 350.  The Marital Residence is a large and substantial single-family residence located in Coral Springs, Florida.
10. DURATION OF MARRIAGE:  This was a long-term marriage lasting over twenty-five (25) years during which the Wife was a loving, caring and devoted wife, mother, helpmate, and companion to the Husband.
11. THE AGE, PHYSICAL AND PSYCHOLOGICAL HEALTH OF WIFE:  The Wife is sixty (60) years old and in average health. 
12. FINANCIAL RESOURCES OF THE HUSBAND:  The Husband is a highly successful business man having the good fortune of receiving substantial earnings from his employment.  The Husband can well afford to contribute to the support of the Wife to enable the Wife to maintain herself in the same standard she enjoyed during the marriage and to provide for her future security and well-being.
13. WIFE’S INABILITY TO OBTAIN EMPLOYMENT:  The Wife is sixty (60) years old.  She has limited work experience in the past ten (10) years, expect for working at the parties’ business performing marketing/business functions.  She also had the responsibility of caring for the parties’ child during the marriage.
14. WIFE’S CONTRIBUTION TO THE MARRIAGE:  Throughout the marriage the Wife has contributed greatly as a full-time mother and homemaker while the Husband has been in the marketplace amassing his business interests and assets.  The Wife has contributed materially to the Husband’s successes by virtue of her role as wife, mother, helpmate, companion, advisor, and confidant to her husband.  The Wife also assisted the Husband in the parties’ business enabling the Husband to obtain new clients and grow the companies. 
15. The Husband should be required to purchase and/or maintain a policy of life insurance on his life of not less than $1,000,000.00 as security for the payment of alimony.  The Wife also has a need for the Husband to provide medical and hospitalization insurance for her and the Husband has the ability to provide same.
16. NEED FOR EXCLUSIVE USE AND OCCUPANCY OF THE HOME:  The Wife resides in the Marital Residence of the parties.  She has no other place to reside.  The Husband has the financial ability to obtain other housing during the pendency of these proceedings.  The Wife needs the exclusive possession of the Marital Residence on a temporary and/or permanent basis until her death or remarriage as alimony.  

ASSETS & LIABILITIES

17. EQUITABLE DISTRIBUTION OF PROPERTY AND DETERMINATION OF MARITAL AND NONMARITAL PROPERTY:  During the marriage the parties acquired real and personal property.  The Wife seeks an equitable distribution of all marital assets and liabilities, pursuant to §61.075, Fla. Stat. and other applicable law and requests the court to determine which of the parties’ assets and liabilities are marital and which are non-marital.
18. PERSONALTY:  The parties have acquired various other personal and real property including, but not limited to, real property, life insurance, furniture, money, jewelry, etc., in which the respective interests should be determined, declared, set aside, and if necessary, partitioned in accordance with the provisions of Chapter 64 of the Florida Statutes.
19. DISSIPATION OF MARITAL ASSETS:  The Husband has and/or may have already dissipated marital assets in the two years prior to the filing of this action and may continue to do so after the filing of this action.  Any dissipation should be charged against the Husband’s share of the marital estate.

ATTORNEY’S FEES AND COSTS

20. The Wife has been required to retain the services of the undersigned attorneys.  She is unable to pay reasonable attorney’s fees, suit money, attorney fees, costs and expert fees needed for these proceedings.  The Wife is entitled to attorney’s fees, expert fees and costs pursuant to §61.16, Fla. Stat. based on the Husband’s superior ability to pay and her need for such an award. 

WHEREFORE, the Wife being without recourse save in this Court of equity prays that this Honorable Court will:

(a) Assume jurisdiction of the parties hereto and the subject matter hereof;
(b) Declare that the marriage is irretrievably broken;
(c) Order the Husband to pay the Wife temporary, rehabilitative, permanent and/or lump  sum alimony;
(d) Life insurance to secure alimony obligations, as well as medical insurance for the Wife;
(e) That the Court grant her exclusive possession of the Marital Residence during the pendency of this action and/or until her death or remarriage;
(f) An equitable division of the jointly owned real and personal property of the parties.
(g) That the Court equitably allocate the assets and liabilities of the parties;
(h) That the Court award to Wife suit money, including reasonable attorney’s fees, costs, expert fees, pendente lite, and upon final determination of these proceedings;
(i) Such further and other relief as this Court may deem to be just and equitable.

COUNT II – INJUNCTIVE RELIEF

21. The Wife restates and realleges all allegations contained in paragraphs 1 through 4 of Count I above, as if same were fully rewritten herein.
22. This is an action for a Temporary Injunction pursuant to Rule 1.610(a) Fla. R. Civ. P.
23. The parties own two companies called —————. and —————.  ————————. is a dealer/broker company which the parties utilize as a clearing house.  ———————– provides financial services.  The parties’ financial accounts are held at ——————— which the Husband has sole control over to buy, sell and /or liquidate any of the parties’ assets.  In addition, the parties have monies at Chase and Wachovia Bank which the Husband has access to and can dissipate without the Wife’s consent.  The Husband has threatened the Wife in the past that he would liquidate all the parties’ accounts and leave the country.   The Husband is an Israeli citizen. 
24. The Wife is fearful that upon hearing of this action filed by her, that the Husband will liquidate the parties’ accounts and use it for nefarious purposes or hide or secrete the money. The Husband has left the Wife without any financial resources in the past and has denied the Wife access to their financial accounts when they have had a dispute during the marriage.  The Wife is fearful that the Husband will engage in a “scorched earth” approach when he learns that she has filed for divorce and will liquate the parties’ financial accounts and remove all personal property from the Marital Residence.
25. The Wife is seeking a temporary injunction without notice for fear that upon receiving notice the Husband will either dissipate or hide the bulk of the marital assets and cause the Wife to incur additional debt for which she may be responsible.
26. The Wife is seeking to maintain the financial status quo; requiring that the regular and necessary expenses of the parties are properly maintained and so that she will be able to obtain her fair share of the marital estate.
27. If the temporary injunction is not entered, the Wife will suffer an immediate and irreparable loss of her ability to obtain a true equitable distribution of the marital assets.
28. The Wife wants to have the normal expenditures continue to be paid to maintain the Marital Residence and normal living expenses as they have always been maintained.
29. The Wife is seeking to have the bond required for the issuance of this Temporary Injunction be minimal in amount as it is merely to maintain the status quo of the marital estate and preserve the marital assets for an appropriate equitable distribution by preventing the assets from being secreted, wasted or dissipated.

WHEREFORE, the Wife being without recourse save in this Court of  equity prays that this Honorable Court will:

(a) Make a finding that the entry of a temporary injunction without notice is necessary to preserve the marital estate;
(b) Enter a Temporary Injunction without Notice pursuant to Rule 1.610(a) Fla.R.Civ.P. enjoining the Husband from increasing and/or any debt pending a further order of this Court;
(c) Enter a Temporary Injunction without Notice pursuant to Rule 1.610(a) Fla.R.Civ.P. enjoining the Husband from withdrawing or redirecting any assets currently held by the Husband in all of his accounts whether in ——————– Chase Bank, and/or Wachovia Bank or elsewhere, except to the extent that the funds are required to pay normal and necessary living expenses of the parties as traditionally are paid to maintain their lifestyle pending a further order of the Court;
(d) Enter a Temporary Injunction without Notice pursuant to Rule 1.610(a) Fla.R.Civ.P. enjoining the Husband from secreting, hiding, dissipating, transferring or otherwise divesting any marital assets, except as are needed to maintain the normal lifestyle of the parties pending further order of this Court;
(e) Requiring the Husband to maintain the bills on a current basis or deposit all funds that he receives into accounts for the purpose of being utilized to pay for the lifestyle of the parties and transfer all money necessary into accounts from which the Wife will pay the bills;
(f) Require the posting of a minimal bond of no more than $100.00 for the entry of the Temporary Injunction;
(g) Imposing such other provisions as are fund in Rule 1.610(a) Fla.R.Civ.P.

COUNT III – PARTITION

 COMES NOW Petitioner/Wife XXXXXXXXX (hereinafter referred to as the “Wife”), and files this, her action for Partition against Respondent/Husband, *********** (hereinafter referred to as the “Husband”), and states:

30. The parties hold title to certain real residential property located in Broward County, Florida, to-wit:  The Marital Residence located at ——————————-which is legally described as:
Lot xx Block xx, xxxxxxxxxx, according to the Plat Thereof, recorded in Plat Book xxx, page xxx of the public records of Broward County, Florida.
Parcel control number xxxxxxxxxxxx
31. The names, places of residence and interest of the owners of the subject property are XXXXXXXXX and ***********, whose residence is ——————————, respectively. 
32. The interest of each is an undivided interest as tenants by the entirety.  The Marital Residence is not encumbered by a mortgage.  Partition of the Marital Residence cannot be made without prejudice to the owners.
33. The Wife seeks to partition, pursuant to §64, Fla.Stat., the Marital Residence.  The Marital Residence is indivisible and is not subject to partition in kind without prejudice to its owners.  Said property is not susceptible of physical partition without seriously diminishing and impairing its value; accordingly, it is in the best interests of the joint owners of the property that the property with its improvements be sold at public or private sale to the highest bidder and the proceeds from the sale, after payment of costs, expenses and taxes, if any, be divided pro rata between the Husband and Wife in accordance with their respective interest. 
 
WHEREFORE, the Wife, being without recourse save in this Court of Equity prays that this Honorable Court enter judgment as follows:

(a) Assume jurisdiction of the parties hereto and the subject matter hereof;
(b) Order the sale of the Marital Residence at private or public sale to the highest bidder and the proceeds from the sale after payment of costs, expenses and taxes, if any, be divided pro rata between the Husband and Wife. 
(c) Grant such other relief as the Court deems just and proper under the circumstances, including, but not limited to, an award of attorneys’ fees pursuant to §61.16, Fla.Stat., and/or the factors set forth in Rosen v Rosen, 696 So.2d 697 (Fla. 1997); Diaz, and their progeny.

This 20th day of August 2010.

I UNDERSTAND THAT I AM SWEARING OR AFFIRMING UNDER OATH TO THE TRUTHFULNESS OF THE CLAIMS MADE IN THIS PETITION AND THAT THE PUNISHMENT FOR KNOWINGLY MAKING A FALSE STATEMENT INCLUDES FINES AND/OR IMPRISONMENT.
           
       XXXXXXXXX
STATE OF FLORIDA   )
COUNTY OF BROWARD )

 BEFORE ME the undersigned authority duly authorized to administer oaths and take acknowledgments appeared XXXXXXXXX, individually, who was either personally known by me or who provided sufficient identification, upon her oath, having been duly sworn, deposed and said:

1. That she has read the foregoing Petition for Dissolution of Marriage and for Other Relief.

2. That each and every matter and thing alleged therein is true and correct.
            
       Notary Public, State of Florida at Large
       Printed Name:     
       Commission Stamp: 

Personally Known
Identification Provided:     
LYONS, SNYDER & COLLIN, P.A.
 Attorneys for Wife

 By:      
SEAN L. COLLIN
Florida Bar Number:  663336
PHILIP M. SNYDER
Florida Bar Number:  815101
312 S.E. 17th Street
3rd Floor
Fort Lauderdale, Florida 33316
Phone: (954) 462-8035
Fax: (954) 462-8036