Washington Petition For Dissolution of Marriage

Superior Court of Washington
County of
In re the Marriage of:
No.
Petition for Dissolution of Marriage
Petitioner,
(PTDSS)
and
Respondent.
Para. 1.12: check box if petition is
attached for:
[ ] Order for protection DV (PTORPRT)
[ ] Order for protection UH (PTORAH)
I. Basis
1.1
Identification of Petitioner
Name (first/last)
, Birth date
Last known residence (county and state only)
1.2
.
Identification of Respondent
Name (first/last)
Last known residence (county and state only)
, Birth date
.
1.3
Children of the Marriage Dependent Upon Either or Both Spouses
[]
Does not apply. There are no children dependent upon either or both spouses.
[]
The petitioner and respondent are both the legal (biological or adoptive) parents of the following
dependent children:
Name (first/last)
Age
Name (first/last)
Age
Name (first/last)
Age
Pet for Disso of Marriage (PTDSS) - Page 1 of 10
WPF DR 01.0100 Mandatory (12/2012) - RCW 26.09.020
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1.4
Name (first/last)
Age
Name (first/last)
Age
Name (first/last)
Age
The petitioner is and the respondent is not the legal parent of the following dependent children:
Name (first/last)
Age
Name (first/last)
Age
The respondent is and the petitioner is not the legal parent of the following dependent children:
Name (first/last)
Age
Name (first/last)
Age
Allegation Regarding Marriage
This marriage is irretrievably broken.
1.5
Date and Place of Marriage
The parties were married on (date) _________________________________________ at (city
and state) ________________________________.
[]
[]
1.6
Other:
Separation
[]
[]
1.7
The parties had previously entered into a Washington State registered domestic
partnership on (date) ______________________________________________.
Petitioner and respondent are not separated.
Petitioner and respondent separated on (date) ________________________________.
This is the date (check all that apply):
[ ] the parties moved into separate residences.
[ ] the parties divided their assets and liabilities.
[ ] petitioner filed this petition.
[ ] both parties agreed is the date of separation.
[ ] other:
Jurisdiction
This court has jurisdiction over the marriage.
Pet for Disso of Marriage (PTDSS) - Page 2 of 10
WPF DR 01.0100 Mandatory (12/2012) - RCW 26.09.020
1.8
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This court has jurisdiction over the respondent because:
[]
the respondent is currently residing in Washington.
[]
the petitioner and respondent lived in Washington during their marriage and the
petitioner continues to reside, or be a member of the armed forces stationed, in
this state.
[]
the petitioner and respondent may have conceived a child while within
Washington.
[]
Other:
[]
This court does not have jurisdiction over the respondent.
Property
There is community or separate property owned by the parties. The court should make a fair and
equitable division of all the property.
[]
[]
The division of property should be determined by the court at a later date.
The petitioner’s recommendation for the division of property is set forth below.
[]
The petitioner should be awarded the parties’ interest in the following property:
[]
The respondent should be awarded the parties’ interest in the following property:
Pet for Disso of Marriage (PTDSS) - Page 3 of 10
WPF DR 01.0100 Mandatory (12/2012) - RCW 26.09.020
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1.9
Debts and Liabilities
[]
[]
The parties have no debts and liabilities.
The parties have debts and liabilities. The court should make a fair and equitable
division of all debts and liabilities.
[]
The division of debts and liabilities should be determined by the court at a later
date.
[]
The petitioner’s recommendation for the division of debts and liabilities is set
forth below.
[]
[]
1.10
Other:
[]
The petitioner should be ordered to pay the following debts and
liabilities to the following creditors:
[]
The respondent should be ordered to pay the following debts and
liabilities to the following creditors:
Each party should pay their debts incurred since separation.
Other:
Maintenance
[]
Maintenance should not be ordered.
Pet for Disso of Marriage (PTDSS) - Page 4 of 10
WPF DR 01.0100 Mandatory (12/2012) - RCW 26.09.020
1.11
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There is a need for maintenance as follows:
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Other:
Continuing Restraining Order
[]
[]
[]
[]
1.12
Does not apply.
A continuing restraining order should be entered which restrains or enjoins the
[ ] petitioner [ ] respondent from disturbing the peace of the other party.
A continuing restraining order should be entered which restrains or enjoins the
[ ] petitioner [ ] respondent from going onto the grounds of or entering the home, work
place or school of the other party or the day care or school of the following children:
______________________________________________________________________.
A continuing restraining order should be entered which restrains or enjoins the
[ ] petitioner [ ] respondent from knowingly coming within or knowingly remaining within
(distance) _______________ of the home, work place or school of the other party or the
day care or school of these children:
_____________________________________________________________________.
Other: _______________________________________________________________.
[]
A continuing restraining order should be entered which restrains or enjoins
(name) _________________________________ from molesting, assaulting, harassing,
or stalking (name) ____________________________________. (If the court orders this
relief, the restrained person will be prohibited from possessing a firearm or ammunition
under federal law for the duration of the order. An exception exists for law enforcement
officers and military personnel when carrying department/government-issued firearms.
18 U.S.C. § 925(a)(1).)
[]
Other:
Protection Order
[]
[]
[]
Does not apply.
There is a protection order between the parties filed in case number ________________,
court _______________________, which expires on (date) _____________________.
The court should grant the [ ] domestic violence [ ] antiharassment petition for order for
protection:
[ ] attached to this petition.
Pet for Disso of Marriage (PTDSS) - Page 5 of 10
WPF DR 01.0100 Mandatory (12/2012) - RCW 26.09.020
[ ] filed separately under [ ] this case number [ ] case number _____________________.
If you need immediate protection, contact the clerk/court for RCW 26.50 Domestic
Violence forms or RCW 10.14 Antiharassment forms.
1.13
1.14
Pregnancy
[]
[]
Neither spouse is pregnant.
(Name) _______________ is pregnant. Note: Under RCW 26.26.116, the other
spouse is the presumed parent. If petitioner or respondent believes the other spouse
is not the parent, this presumption may be challenged up to four years after the
birth of the child or as otherwise provided in RCW 26.26.500 through 26.26.625.
[]
Other:
Jurisdiction Over the Children
[]
Does not apply because there are no dependent children.
[]
This court has jurisdiction over the children for the reasons set forth below:
[]
This court has exclusive continuing jurisdiction. The court has previously made a child
custody, parenting plan, residential schedule or visitation determination in this matter and
retains jurisdiction under RCW 26.27.211.
[]
This state is the home state of the children because:
[]
[]
[]
[]
[]
the children lived in Washington with a parent or a person acting as a parent for at
least six consecutive months immediately preceding the commencement of this
proceeding.
the children are less than six months old and have lived in Washington with a
parent or a person acting as parent since birth.
any absences from Washington have been only temporary.
Washington was the home state of the children within six months before the
commencement of this proceeding and the children are absent from the state but a
parent or person acting as a parent continued to live in this state.
The children and the parents or the children and at least one parent or person acting as a
parent have significant connection with the state other than mere physical presence; and
substantial evidence is available in this state concerning the children’s care, protection,
training and personal relationships, and
[]
[]
the children have no home state elsewhere.
the children’s home state has declined to exercise jurisdiction on the ground that
this state is the more appropriate forum under RCW 26.27.261 or .271.
Pet for Disso of Marriage (PTDSS) - Page 6 of 10
WPF DR 01.0100 Mandatory (12/2012) - RCW 26.09.020
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All courts in the children's home state have declined to exercise jurisdiction on the ground
that a court of this state is the more appropriate forum to determine the custody of the
children under RCW 26.27.261 or .271.
[]
No other state has jurisdiction.
[]
This court has temporary emergency jurisdiction over this proceeding because the children
are present in this state and the children have been abandoned or it is necessary in an
emergency to protect the children because the children, or a sibling or parent of the children
is subjected to or threatened with abuse. RCW 26.27.231.
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1.15
[]
There is a previous custody determination that is entitled to be enforced under
this chapter or a child custody proceeding has been commenced in a court of a
state having jurisdiction under RCW 26.27.201 through 26.27.221. The
requirements of RCW 26.27.231(3) apply to this matter. This state’s jurisdiction
over the children shall last until (date) _______________________________.
[]
There is no previous custody determination that is entitled to be enforced under
this chapter and a child custody proceeding has not been commenced in a court
of a state having jurisdiction under RCW 26.27.201 through 26.27.221. If an
action is not filed in (potential home state) _____________________ by the time
the child has been in Washington for six months, (date) ___________________,
then Washington's jurisdiction will be final and continuing.
Other:
Child Support and Parenting Plan for Dependent Children
[]
[]
The parties have no dependent children.
A parenting plan and an order of child support pursuant to the Washington State child
support statutes should be entered for the following children who are dependent upon
both parties:
Names of Children
The petitioner’s proposed parenting plan for the children listed above:
[]
[]
is attached and is incorporated by reference as part of this Petition.
will be filed and served at a later date pursuant to RCW 26.09.181.
Pet for Disso of Marriage (PTDSS) - Page 7 of 10
WPF DR 01.0100 Mandatory (12/2012) - RCW 26.09.020
(The following information is required only for those children who are included in the
petitioner’s proposed parenting plan.)
During the last five years, the children have lived:
[]
[]
in no place other than the state of Washington and with no person other than the
petitioner or the respondent.
in the following places with the following persons (list each place the children
lived, including the state of Washington, the dates the children lived there and
the names of the persons with whom the children lived. The present addresses of
those persons must be listed in the required Confidential Information Form):
Claims to custody or visitation:
[]
[]
The petitioner does not know of any person other than the respondent who has
physical custody of, or claims to have custody or visitation rights to, the
children.
The following persons have physical custody of, or claim to have custody or
visitation rights to the children (list their names and the children concerned
below and list their present addresses in the Confidential Information Form. Do
not list the responding party):
Involvement in any other proceeding concerning the children:
[]
[]
The petitioner has not been involved in any other proceeding regarding the
children.
The petitioner has been involved in the following proceedings regarding the
children (list the court, the case number, and the date of the judgment or order):
Other legal proceedings concerning the children:
[]
[]
The petitioner does not know of any other legal proceedings concerning the
children.
The petitioner knows of the following legal proceedings that concern the
children (list the children concerned, the court, the case number, and the kind of
proceeding):
Pet for Disso of Marriage (PTDSS) - Page 8 of 10
WPF DR 01.0100 Mandatory (12/2012) - RCW 26.09.020
1.16
Other
II. Relief Requested
The petitioner requests the court to enter a decree of dissolution and to grant the relief below:
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[]
[]
[]
[]
[]
[]
[]
[]
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Provide reasonable maintenance for the [ ] petitioner [ ] respondent.
Approve the petitioner’s proposed parenting plan for the dependent children listed in
paragraph 1.15.
Determine support for the dependent children listed in paragraph 1.15 pursuant to the
Washington State child support statutes.
Approve the separation contract or prenuptial agreement.
Divide the property and liabilities.
Change name of respondent to (first, middle, last): ________________________.
Change name of petitioner to (first, middle, last): _______________________.
Enter a domestic violence protection order.
Enter an antiharassment protection order.
Enter a continuing restraining order.
Order payment of day care expenses for the children listed in paragraph 1.15.
Award the tax exemptions for the dependent children listed in paragraph 1.15 as follows:
[]
[]
Order payment of attorney fees, other professional fees and costs.
Other:
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Dated:
Signature of Petitioner or Lawyer/WSBA No.
Print Name
I declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and
correct.
Signed at (city) ________________________, (state) _________ on (date) ___________________.
Signature of Petitioner
Print Name
Pet for Disso of Marriage (PTDSS) - Page 9 of 10
WPF DR 01.0100 Mandatory (12/2012) - RCW 26.09.020
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Joinder
I, the respondent, join in the petition. I understand that by joining in the petition, a decree or judgment
and order may be entered in accordance with the relief requested in the petition, unless prior to the entry
of the decree or judgment and order, a response is filed and served.
[ ] I waive notice of entry of the decree.
[ ] I demand notice of all further proceedings in this matter. Further notice should be sent to the
following address (you may list an address that is not your residential address where you agree to
accept legal documents):
Any time this address changes while this action is pending, you must notify the opposing parties in
writing and file an updated Confidential Information Form (WPF DRPSCU 09.0200) with the court
clerk.
Dated:
Signature of Respondent
Print Name
Pet for Disso of Marriage (PTDSS) - Page 10 of 10
WPF DR 01.0100 Mandatory (12/2012) - RCW 26.09.020