The following forms are illustrative examples only, provided so that you will be familiar with similar ones you encounter in your case. The laws, procedures, rules, and forms are different in every state, and the facts are different in every case. So don’t try to use these forms in your actual case.

Form #1: Complaint for Absolute Divorce

IN THE CIRCUIT COURT FOR [COUNTY], [STATE]

COMPLAINT FOR ABSOLUTE DIVORCE

Plaintiff, [name], by and through his undersigned counsel, respectfully states to the Court as follows:

1. Plaintiff and Defendant have been bona fide residents of [state] for more than twelve months preceding the filing of this Complaint.
2. The parties were lawfully married in [city, state] on [date].
3. No children were born of the marriage or adopted.
4. The parties have lived separately without cohabitation since [date], and said separation has continued without interruption or cohabitation for a period of more than twelve months immediately before filing this Complaint.
5. The parties have executed a Marital Settlement Agreement, dated [date] settling all differences existing between them.

WHEREFORE, Plaintiff, [name], prays:

• A.  That the Court award him an absolute divorce from Defendant on the ground that the parties have lived separate and apart without cohabitation for more than twelve months prior to the filing of this Complaint;
• B.  That the parties’ Marital Settlement Agreement, dated [date], be incorporated into the Judgment of Absolute Divorce insofar as this Court has jurisdiction, but that the terms of the Separation and Property Settlement Agreement not merge into the Judgment but remain independently enforceable; and
• C.  That he be awarded such other relief as the Court may deem just and proper.

Respectfully submitted,

______________________

[name and address of counsel]

Counsel for Plaintiff

Form #2: Plaintiff’s Affidavit

PLAINTIFF’S AFFIDAVIT

State of:  ______________

County of:______________ ss

I DO SOLEMNLY declare and affirm under the penalties of perjury that the foregoing statements contained in the Complaint for Absolute Divorce are true and correct to the best of my knowledge, information, and belief.

_____________________

Plaintiff

Subscribed and sworn to before me this ___  day of _________, 2013.

_____________________

Notary Public

My commission expires:

Form #3: Answer to Complaint for Absolute Divorce

IN THE CIRCUIT COURT FOR [COUNTY], [STATE]

ANSWER TO COMPLAINT FOR ABSOLUTE DIVORCE

Defendant admits all the allegations of the Plaintiff’s Complaint for Absolute Divorce.

WHEREFORE, the Defendant prays that the Court:

1. Grant her an Absolute Divorce from the Plaintiff,
2. Permit her to resume the use of her former name, [former name], and
3. Award such other relief as the Court may deem just and proper.

Respectfully submitted,

______________________

Defendant

Form #4: Certificate of Mailing

CERTIFICATE OF MAILING

I HEREBY CERTIFY that on this ______ day of __________, 2013, a copy of the foregoing, together with all attachments, was mailed to [name and address], attorney for Plaintiff.

______________________

Defendant

Form #5: Interrogatories

IN THE CIRCUIT COURT FOR [COUNTY], [STATE]

INTERROGATORIES

The following Interrogatories are propounded pursuant to Rule [rule number]:

1. Identify yourself and all individuals with whom you reside. For each individual other than yourself, state that individual’s age, relationship to you, and marital status. State your own birth date and social security number.
2. Describe your educational background. Include in your answer the highest grade you completed; the name and date of any degree, diploma, or certificate you received; the name of the institution conferring the degree, diploma, or certificate; and any specialized training you have received.
3. If you are currently employed in any capacity, identify each current employer and, for each employment, state: (a) your job title, (b) your duties, (c) the number of hours in your average workweek, (d) your regular pay period, (e) your gross wages per pay period, and (f  ) the deductions per pay period made by your employer from your wages. If overtime work was available to you during the past twelve months, state: (a) the number of overtime hours you worked during the twelve months and your rate of pay for those hours and (b) the number of overtime hours that were available to you during the twelve months but that you did not work and the rate of pay you would have received if you had worked those hours.
4. Describe the nature and amount of any fringe benefits that you receive as a result of your employment.
5. If you are unemployed, describe your efforts to obtain employment since you became unemployed, identify each prospective employer and employment agency you have contacted while seeking employment, and state the date of each contact.
6. If you claim you are physically or mentally unable to work or your capacity to work is limited, state the facts upon which your claim is based and identify all persons with personal knowledge of those facts.
7. For each employment that you have had during the past five years other than any current employment, identify each employer, and for each employment state: (a) the dates of employment, (b) your duties, (c) your wages, and (d) your reason for leaving the job. If you were unemployed for any period of time, specify the amount and source of any income that you received while unemployed.
8. Identify the sources and amounts of all taxable and nontaxable income you received during the past five years.
9. Identify the sources and amounts of any other moneys and credit(s) you received during the past five years with an aggregate value in excess of $250.00 in any one year, including gifts, loans from others, loans repaid to you by others, sales of assets, and untaxed distributions.
10. List each item of property in which you have any interest. For each item listed, state how it is titled, its value, the amount of any present lien or mortgage on the property, the date of acquisition of the property, and the identity of any other person with an interest in the property. If you claim that any property listed is not marital property, state the facts upon which you base your claim, including all sources of funds used for the acquisition of the property and identify all persons with personal knowledge of those facts.
11. If you, either alone or with anyone other than your spouse, transferred property during the last five years of your marriage with a value in excess of $250.00 to any person other than your spouse without receiving full consideration in money or money’s worth for the property transferred, identify each person to whom a transfer was made and the property transferred, giving the date and method of transfer and the value of the property at the time of transfer.
12. If the information contained on your financial statement submitted pursuant to the court has changed, describe each change.
13. State by type and amount all support provided by you for your spouse and children since the date of your separation.
14. State the date on which you separated from your spouse and describe the circumstances of the separation.
15. If you contend that you are entitled to a divorce because your spouse’s conduct toward you or your minor child was cruel or vicious or that your spouse constructively deserted you, describe your spouse’s conduct and state the date and nature of any injuries sustained by you or your minor child and the date, nature, and provider of health care services rendered regarding the injuries. Identify all persons with personal knowledge of your spouse’s conduct and all persons with knowledge of any injuries you or your minor child sustained as a result of that conduct.
16. State the date on which you and your spouse last had sexual relations with one another.
17. If you have had sexual relations with a person other than your spouse during your marriage, identify the person(s) with whom you have had sexual relations, state the date of each act of sexual relations, and state the location where each act took place. If you refuse to answer this interrogatory as framed because the answer would tend to incriminate you, state so, and answer this interrogatory for the period ending one year prior to the date of your answers.
18. If you have had sexual relations with a person other than your spouse during the marriage and you contend that your spouse has forgiven or condoned your actions, state the facts upon which your contention is based.
19. If you contend that your spouse is unfit to have custody of the children, state the facts upon which your contention is based and identify all persons having personal knowledge of these facts. If your contention is based on the use of controlled dangerous substances or the abuse of alcohol on specific occasions, identify the substance used, the other persons present at the time of the use, and the date, time, and place of the use. If your contention is based on the repeated use of controlled dangerous substances or the repeated abuse of alcohol, identify the substance and all persons with personal knowledge of the repeated use or abuse.
20. If you have sought or received treatment or therapy at any time during the past 10 years for any physical, mental, or emotional condition, including drug addiction or alcoholism, describe the condition and the treatment or therapy provided, state the date or dates of treatment or therapy, and identify all persons providing treatment or therapy.
21. If you contend that placing the children in your sole, shared, or joint custody will be in their best interest, specify the facts and circumstances upon which you rely.
22. Describe the child care plan you intend to follow when the children are with you. Include in your answer a description of the place where the children will reside, specifying the number of bedrooms, bathrooms, and other rooms, the distance to the school which the children will attend, and the identity of all other persons who will be residing in that household. Identify all persons who will care for the children in your absence, state the hours during which they will care for the children, and the location where the care will be provided.

Respectfully submitted,

______________________

[name and address of counsel]

Counsel for Plaintiff

Form #6: Request for Documents

IN THE CIRCUIT COURT FOR [COUNTY], [STATE]

REQUEST FOR PRODUCTION OF DOCUMENTS

Plaintiff, [name], pursuant to Rule [rule number], requests that Defendant, [name], produce and permit Plaintiff to inspect, copy, and photograph all documents and things in Defendant’s possession, custody, or control which embody, refer to, or relate to in any way the following subject, other than written materials prepared in anticipation of litigation or for trial.

As used herein, documents and things shall include all types of recorded information, including but not limited to writings, drawings, graphs, charts, photographs, phonorecords, computer disks, and other data compilations from which information can be obtained and translated, if necessary, through dictation devices into reasonably usable form.

Plaintiff requests that the documents and things herein requested be produced within thirty days at the offices of the Plaintiff’s attorney, [attorney’s name and address].  The Defendant is requested to produce the following documents:

1. All Federal and State income tax returns for the last three years, W-2 forms, 1099s, and all other documents showing savings, income, or other funds received by you for the past three years. The word “funds” is all inclusive, including but not limited to, earnings, income, gifts, non-taxable earnings, and every form of deferred compensation.
2. All documents evidencing source and amounts of all monies or credits of any nature whatsoever not reflected in your Federal and State income tax returns received by you for the last three years to the date of this Request, including but not limited to gifts received by you, loans made to you, repayment of loans to you, sale of assets, disability benefits, nontaxable distributions, and so forth.
3. All documents related to savings, investments, pension funds, retirement funds, profit sharing arrangements, retirement agreements, and deferred compensation of any kind, in which you have or have had an indirect or direct interest for the past three years.
4. All records and documents related to savings, checking, credit union, and any other accounts, including all business accounts, whether presently open or closed, in which you have or have had a direct or indirect interest and/or on which you have been a signatory for the past three years, including signatory cards, deposit slips, passbooks, ledgers, check stubs, canceled checks, and monthly and periodic statements.
5. All signatory cards, deposit slips, passbooks, ledgers, check stubs, canceled checks, monthly and periodic statements and any other documents related to any checking, savings, investment, credit union, and other accounts opened by you jointly or separately, for the benefit of another, whether said accounts are now open or closed, for the past three years.
6. All records, minutes, resolutions, seals, stock certificates, contracts, or other indicia of ownership or interest in any trust, corporation, partnership, joint venture, or any other business venture in which you have or have had a direct or indirect interest for the past three years.
7. All deeds, deeds of trust, mortgages, deed of trust notes, purchase contracts, settlement sheets, leases, tax assessments and bills, checks related to purchase, rental and mortgage payments, checks and receipts related to all repairs, furnishings, decorating, communications with tenants, and any other documents related to purchase, ownership and leasing, for any and all real property in which you have, or have had, any legal or equitable interest, whether direct or indirect, for the past three years.
8. All certificates and documents related to stocks, bonds, mutual funds, or any like asset in which you have, or have had, any interest, direct or indirect, for the past three years.
9. All instruments, documents, or records illustrating indicia of ownership or any other interest of yours in any other item of property, real or personal, not heretofore mentioned.
10. All instruments, documents, or records evidencing purchase, sale, or other disposition of any item of property, real, personal, or mixed, valued in excess of $500.00 in which you have or have had an interest for the past three years.
11. All receipts and billings for credit cards which you have used, illustrating each particular charge, and monthly statements, for the past three years.
12. All documents related to any current debts which are yours personally or joint debts.
13. All statements, not privileged, prepared by you involving any matter which might relate to the facts of this case.
14. All written reports made by an expert hired by you, or any agent for you, whom you propose to call as a witness.
15. Any and all documents reflecting an appraised fair market value obtained by you or any agent for you with regard to any item of real or personal property in which you have or have had any interest, whether direct or indirect, said appraisal having been obtained within the past three years.
16. All financial statements, written applications, balance sheets, income statements, and other documents in which you, or any related business entity, have or have had at least a one percent (1%) interest during the past three years, have presented to any bank, lending institution, partnership, corporation, insurance company, or other business entity for the purpose of obtaining a loan or refinancing a loan.
17. All documents sent to or received from any stockbroker in the past three years.
18. Title documents and settlement sheets for any asset and item of property in which you have or have had any interest, legal or equitable, direct or indirect, within the past three years.
19. All documents currently held, and which were at any time held, in any safety deposit box under your control or to which you have, or have had, access within the past three years.
20. Copies of all documents relating to your ownership or tenancy interest in your current residence.
21. Copies of all documents showing monies expended by you for hobbies in the past three years.
22. All written or recorded statements made by the party making this Request which you intend to use at trial.
23. All agreements with your attorney or attorneys relating to the rendering of legal services in the instant proceeding along with all bills and billing records pertaining to any monies due from you to him, her, or them.

Respectfully submitted,

______________________

[name of attorney for plaintiff]

Form #7: Judgment of Absolute Divorce

JUDGMENT OF ABSOLUTE DIVORCE

This cause, being presented for determination; testimony having been taken before the Court on March 11, 2014; it is this ___ day of _________, 20__, by the Circuit Court for [county] County, [state],

ADJUDGED, ORDERED, AND DECREED that the above Plaintiff, be, and she is hereby, awarded an Absolute Divorce from the Defendant, and it is further

ADJUDGED, ORDERED, AND DECREED, that the Plaintiff is hereby awarded rehabilitative alimony in the sum of $600.00 per month for twenty-four consecutive months following the date of this Judgment, and it is further

ADJUDGED, ORDERED, AND DECREED, that the Plaintiff be, and is hereby awarded a monetary award in the sum of $25,000.00 as an adjustment of the rights and equities of the parties, and it is further

ADJUDGED, ORDERED, AND DECREED, that said monetary award be, and the same is hereby, reduced to judgment in favor of the Plaintiff, together with interest at the legal rate, and it is further

ADJUDGED, ORDERED, AND DECREED that the Defendant pay the cost of these proceedings as part of the judgment in favor of the Plaintiff, in the sum of $130.00, and it is further

ADJUDGED, ORDERED, AND DECREED, that the Defendant be ordered to pay, as and for Plaintiff’s attorney’s fees, the sum of $5,000.00, together with interest at the legal rate; and it is further

ADJUDGED, ORDERED, AND DECREED, that the Plaintiff, whose current married name is [current name], be restored to the use of her former name, [former name].

__________________________

JUDGE