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DIVORCE COMPLAINT

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					Divorce Complaint [file: divorce.complt.rtf]


                   DISTRICT COURT OF THE ^ JUDICIAL DISTRICT OF
                  THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ^

^,                                              )
                                                )   Case No.
                        Plaintiff,              )
                                                )   COMPLAINT
vs                                              )
                                                )   Fee Category:
,                                               )
                                                )   Fee:
                        Defendant.                     )
                                                       )

Comes now the Plaintiff before this Court and alleges:

                                         I. JURISDICTION

        The plaintiff is now and has been for a period of six weeks immediately preceding the

filing of this action a resident of the State of Idaho.

                                     II. PARTIES - MARRIAGE

        The plaintiff and defendant were married at ^, on ^, and are still husband and wife.

                                 III. GROUNDS FOR DIVORCE

        Irreconcilable differences, as defined in §32-616 of the Idaho Code, exist between the

parties which constitute substantial reasons for termination and dissolution of their marriage, and

the granting of a final and absolute divorce to the plaintiff on such grounds.

[CONSIDER OTHER GROUNDS THAT MIGHT BE ALLEGED, ESPECIALLY WHEN

THERE HAS BEEN DOMESTIC VIOLENCE THAT WOULD SUPPORT AN

UNEQUAL DIVISION OF PROPERTY, OR WHEN ONE PARTY HAS BEEN

PREVENTED FROM WORKING BY PHYSICAL OR MENTAL VIOLENCE OR
CRUELTY.]

                              IV. CHILD CUSTODY/SUPPORT

       No children have been born of the marriage of the parties. OR ^ children have been born

of the marriage of the parties, . The ^ has/have lived since in ^County, Idaho.

       There has been no other child custody litigation involving [this/these] [child/children] in

this or any other state. There are no persons claiming custody or visitation rights with these

children other than Plaintiff and Defendant.

                           [Put custody & support paragraphs here.]

                               V. PROPERTY SETTLEMENT

A. REAL PROPERTY

[choose a or b]

       a. The parties own no community real property.

       b. Plaintiff and Defendant own the following real estate: [For each piece of real estate

describe where situated, address and legal description, if available.]

       c.     [for each piece of real estate, include allegation regarding

its community property or separate property character, and any

reimbursement claims arising from payment of obligations on the real

estate.

B. PERSONAL PROPERTY

       1.   Separate Property. Each party should be awarded his or her separate property.

Plaintiff should be awarded as her sole and separate property the items set forth on Exhibit A,

attached hereto and incorporated herein. Defendant should be awarded as his sole and separate

property the items set forth in Exhibit B, attached hereto and incorporated herein.
       2.   Community Property.       The parties have acquired certain items of community

personal property during their marriage.

       Plaintiff should be awarded as [his/her] sole and separate property the following items:

       Defendant should be awarded as [his/her] sole and separate property the following items:

       C. RETIREMENT ACCOUNTS

       The parties should each be awarded all right, title and interest in and to the pension and

retirement accounts in their respective names.

                               VI. SETTLEMENT OF DEBTS

A. PLAINTIFF'S SHARE OF COMMUNITY DEBTS

       The plaintiff should be ordered to pay the balances presently due and owing on [ ].

B. DEFENDANT'S SHARE OF COMMUNITY DEBTS

       The defendant should be ordered to pay the balances presently due and owing on [ ].

C. SEPARATE DEBTS

       Each party shall remain solely liable for any and all separate debts. Any unlisted debt

incurred since the parties' separation on ^, and/or any debt concealed by either party shall be the

separate debt of the person who incurred the debt.

       The parties shall hold each other harmless for the debts apportioned to each above, and to

indemnify each other against any lawsuit, judgment, award or action which may be brought on

any such debt for any reason. Indemnification shall include payment of or reimbursement for

attorney fees, costs or judgments rendered in any such action.

                                  VII.     SPOUSAL MAINTENANCE

       The plaintiff is lacks sufficient property to meet his/her

reasonable needs and is unable to support himself/herself through
appropriate        employment,         and    is    therefore       entitled      to    spousal

maintenance.          [Include additional allegations under Idaho Code §

32-705 if spousal maintenance appropriate].

                                          VIII. TAXES

       In ^ and all subsequent years, each party shall file separately, paying income tax on their

respective incomes and retaining all interest in and to any tax refunds.

                                      IX. NAME CHANGE

       ^ should be allowed to retake her maiden name of ^.

                                     X. ATTORNEY FEES

       The Plaintiff has engaged an attorney for the prosecution of this action and has agreed to

pay said attorney a reasonable sum as compensation. The Defendant is well able to pay attorney

fees and costs incurred by the Plaintiff in this action and should be ordered and required to pay

the same. The sum of $^ is a reasonable sum for attorney fees if this action is not contested.

                                  XI. WITHDRAWAL OF ATTORNEY

       Attorney for the Plaintiff should be permitted to withdraw as attorney of record, pursuant

to Rule 11(b)(2) of the Idaho rules of Civil Procedure. Withdrawal will be effective 42 days from

the date of this Decree.

       WHEREFORE, Plaintiff prays for judgement as follows:

1. The Plaintiff should be granted a divorce from the defendant on the grounds of Irreconcilable

Differences.

2. Joint physical and legal custody of the minor children should be awarded to ^ and ^. ^

should be ordered to pay child support in accordance with the Idaho Child Support Guidelines

3. Plaintiff and Defendant should be granted a fair and equitable division of their real and
personal property as set forth in Section ^. of this Complaint.

4. ^ should be ordered to pay spousal maintenance to enable ^ to meet his/her reasonable need

for support.

5. Plaintiff and Defendant should be ordered to pay the community debts as set forth in Section

VI. of this Complaint.

6. In ^ and all subsequent years, each party should file separately, paying income tax on their

respective incomes and retaining all interest in and to any tax refunds.

7. ^ should be allowed to retake her maiden name of ^.

8.   Defendant should be ordered to pay the Plaintiff's attorney fees and costs in this matter.

9. Attorney for the Plaintiff should be permitted to withdraw as attorney of record, once the

time for appeal in this matter has expired.

       DATED this ^ day of ^, 19^ .



                                                      ______________________________
                                                      Attorney



STATE OF IDAHO )
               ) ss.
County of ^    )

       I, ^, being first duly sworn on oath, depose and say:

      That I am the plaintiff in the above-entitled action; that I have read the foregoing
Complaint, know the contents thereof and believe the same to be true.




__________________
                                      Plaintiff


SUBSCRIBED AND SWORN to before me this ^day of ^, 19^.


                                      ________________________________
                                      Notary Public for Idaho
                                      Residing at:
                                      My Commission expires:
                    EXHIBIT A

          SEPARATE PROPERTY OF PLAINTIFF


COMMUNITY PROPERTY TO BE DISTRIBUTED TO PLAINTIFF

                    EXHIBIT B

         SEPARATE PROPERTY OF DEFENDANT


COMMUNITY PROPERTY TO BE DISTRIBUTED TO DEFENDANT

				
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Description: DIVORCE COMPLAINT