Introduction

Divorce petitions are essential legal documents that initiate the process of divorce, outlining the grounds for dissolution of marriage and addressing key issues such as property division. Understanding how to draft a divorce petition is crucial, especially when it comes to dividing assets fairly. Below are three diverse examples of divorce petitions with property division, designed to illustrate different scenarios and considerations involved in this process.

Example 1: Simple Property Division

Context

This example illustrates a straightforward divorce petition where the couple has minimal assets and a clear understanding of how to divide them.

In this case, the couple has agreed to divide their shared property amicably, which makes the petition simpler.

Example:

IN THE COURT OF [JURISDICTION]  
FOR THE STATE OF [STATE]  

[YOUR FULL NAME]  
Petitioner,  

v.  

[YOUR SPOUSE'S FULL NAME]  
Respondent.  

Case No. [XXXXX]  

PETITION FOR DISSOLUTION OF MARRIAGE  

1. The parties were married on [DATE] in [LOCATION].  
2. The parties have resided in [STATE] for at least [X] months preceding the filing of this petition.  
3. The parties have agreed to the division of property as follows:  

   - The marital home located at [ADDRESS] will be sold and proceeds divided equally.  
   - The vehicle [MAKE, MODEL, YEAR] will be retained by [PETITIONER/RESPONDENT].  
   - All joint bank accounts will be closed, and funds will be divided 50/50.  
4. Each party shall retain their individual property and debts acquired before marriage.
5. There are no children from the marriage.  

WHEREFORE, the Petitioner requests that the Court grant the dissolution of marriage and approve the property division as set forth above.

Notes

• This example is suitable for couples with minimal assets and no children.
• Always consider consulting with a legal professional for specific advice tailored to your situation.

Example 2: Complex Property Division with Business Interests

Context

This scenario involves a couple who owns a business together, making the property division more complex. The petition outlines how to handle the business assets.

Example:

IN THE COURT OF [JURISDICTION]  
FOR THE STATE OF [STATE]  

[YOUR FULL NAME]  
Petitioner,  

v.  

[YOUR SPOUSE'S FULL NAME]  
Respondent.  

Case No. [XXXXX]  

PETITION FOR DISSOLUTION OF MARRIAGE  

1. The parties were married on [DATE] in [LOCATION].  
2. The parties have resided in [STATE] for at least [X] months preceding the filing of this petition.  
3. The parties own the business [BUSINESS NAME] located at [ADDRESS].  
4. The parties agree to the following property division:  

   - [YOUR FULL NAME] will retain ownership of the business with a buyout of [YOUR SPOUSE’S NAME]’s share for $[AMOUNT].  
   - The marital home located at [ADDRESS] will be sold, and proceeds will be divided equally.  
   - Personal property, including [LIST ITEMS], will be divided as follows:  
       - [YOUR FULL NAME]: [ITEMS]  
       - [YOUR SPOUSE’S NAME]: [ITEMS]  
5. There are no children from this marriage.  

WHEREFORE, the Petitioner respectfully requests that the Court grant the dissolution of marriage and approve the property division as outlined above.

Notes

• This example is tailored for couples who have a shared business, which requires specific terms for buyout arrangements.
• Considerations for valuation and tax implications may need to be discussed with a financial advisor.

Example 3: Divorce Petition with Children and Joint Custody

Context

This petition example involves a couple with children, addressing both property division and child custody arrangements.

Example:

IN THE COURT OF [JURISDICTION]  
FOR THE STATE OF [STATE]  

[YOUR FULL NAME]  
Petitioner,  

v.  

[YOUR SPOUSE'S FULL NAME]  
Respondent.  

Case No. [XXXXX]  

PETITION FOR DISSOLUTION OF MARRIAGE  

1. The parties were married on [DATE] in [LOCATION].  
2. The parties have resided in [STATE] for at least [X] months preceding the filing of this petition.  
3. The parties have [NUMBER] children:  

   - [CHILD #1 NAME], born [DOB]  
   - [CHILD #2 NAME], born [DOB]  
4. The parties agree on joint custody of the children, with the following visitation schedule:  

   - [SCHEDULE DETAILS]  
5. The division of property is as follows:  

   - The marital home located at [ADDRESS] will be retained by [PARENT WHO WILL LIVE WITH CHILDREN] until the youngest child turns [AGE].  
   - The family vehicle [MAKE, MODEL, YEAR] will be sold, and proceeds divided equally.  
   - All debts and joint bank accounts will be handled as follows: [DETAILS].  

WHEREFORE, the Petitioner requests that the Court grant the dissolution of marriage, approve the joint custody arrangement, and endorse the property division as set forth above.

Notes

• This example is suitable for couples with children, highlighting the importance of custody and care arrangements alongside property division.
• Child support obligations and tax considerations may also need to be outlined in the petition.

By understanding these examples of divorce petitions with property division, individuals can better navigate the complexities of divorce proceedings.