Draft Divorce Complaint

Use Nevada law, draft a complaint for divorce using the information presented below.

Plaintiff: Joan de Arc, 23 Nowhere Street, Anywhere City, Hopeless State 00000. Lived here for 1 year.

Defendant: Pain N.D. Bellie, 67 What Street, Foreign City, State of Confusion, 11111. Accountant

Date of marriage: 9-9-90; Married 10 years. Place of marriage: State of Confusion

Parties not compatible. They have two children: Jane and John de Arc DOB: 10 12.90. Age 10

Primary care-taker: joint; both parties work; Husband's annual salary $150.000; Wife's annual salary $ 80,000

Plaintiff wants: sole custody; alimony, child support, visitation to husband; sole occupancy of home with children until children turn 19 or finish college, whichever is later, half of home husband inherited; health insurance through husband; husband to pay mortgage.

Using the sample divorce complaint uploaded under:

COMD ALDA A. ANDERSON, ESQ- ATTORNEY AT LAW NEVADA BAR No. 8746 3000 W. CHARLESTON, SUITE 5 LAS VEGAS, NEVADA 89102 (702) 878-3240 Fax: (702) 870-0117 Attorney for Plaintiff DISTRICT COURT CLARK COUNTY, NEVADA M Plaintiff VS. Case No.: D Dept. No.: A O Defendant PLAINTIFF'S COMPLAINT FOR ABSOLUTE DIVORCE. CUSTODY. CHILD SUPPORT. VISITATION AND OTHER RELIEF COMES NOW Plaintiff, M_ by and through her Attorney, ALDA A. ANDERSON, ESQ., and for her cause of action hereby alleges as follows: I. That for more than six (6) weeks immediately preceding the commencement of this action, Plaintiff has been, and now is, a bona fide and actual resident and domiciliary of the State of Nevada, and during this period of time has been actually, corporeally and physically present and living in the State of Nevada, and intends to continue to make the State of Nevada her home,residence and domicile for an indefinite period of time. Plaintiff and Defendant were married on January 30, 2000. There are two, minor children the issue of this marriage, to-wit: K O_ born February 16, 1998, and A born January 30, 2003. There are no adopted children, and the Plaintiff is not now pregnant II. That the parties hereto are incompatible in their tastes, nature, views, likes and dislikes, which have become widely separate and divergent so that the parties hereto have been, and now are incompatible to such an extent that it is impossible for them to continue to live together as husband and wife. The Defendant is currently cohabiting with another woman not his wife; that there is no reasonable possibility of reconciliation between them. III. CUSTODY The parties hereto are fit and proper persons to have joint legal custody of the minor children. Plaintiff believes that it is in the best interest of the minor children that she be granted physical custody of said children with the Defendant granted visitation as detailed in Exhibit 1 attached hereto and prayed to be made a part hereof. Both parties shall agree to do what is in the best interest of the children. This means that neither parent will talk negatively about the other to, or in front of the child. Both parents shall also agree to help foster a loving and caring relationship between the children and the other parent. Both parties shall agree to notify the other if they will be taking the children out-of-state for more than twenty-four (24) hours for any reason. Notification shall be made prior to leaving the State, and shall include the date of departure from the State, the destination, the date returning to the State, the type of transportation being used to get to the destination out-of-state,and, if possible, a telephone number in order for the other party to be able to contact the children while they are out-of-state in case of an emergency. Each party shall keep the other informed as to the children's care giver, including their name, address and telephone number(s). Plaintiff shall have the right of first refusal to care for the children when the Defendant is not available to care for the children for an extended period of time for whatever reason. Both parents shall have equal access to all of the child's medical records, school records, and any other records generated for the benefit of, or on behalf of the minor children. IV. CHILD SUPPORT The Defendant shall be ordered to pay child support in the statutory amount of 18% of his gross monthly income, and incorporate the principles of Wright v Osbourne to determine the appropriate offset pursuant to NRS 125.070 and NRS 125B.080. The child support obligation for the minor child shall continue until the minor child either reaches the age of eighteen (18), graduates from high school, (whichever comes later), marries, or otherwise becomes emancipated. The parties hereto are on notice that they are subject to the provisions of NRS 31A and 125.450 regarding the collection of delinquent child support payments. V. MEDICAL INSURANCE The plaintiff pays health insurance for the minor children through her employment and she shall maintain medical and dental insurance for the minor children until such time as she either turns eighteen years old, or graduates from high school, (whichever comes later), marries, or otherwise becomes emancipated. That Defendant shall be ordered to pay or reimburse Plaintiff, within thirty (30) days of receipt of said expense, any out of pocket medical expense Plaintiff incurs for the benefit of the minor child.The parties hereto are on notice of the provisions of NRS 125A.350 which provides that: If custody has been established and the custodial parent intends to move his residence to a place outside the state and to take the child with him, he must, as soon as possible and before the planned move, attempt to obtain the written consent of the other parent to move the child from the state. If the non-custodial parent or other parent having joint custody refuses to give that consent, the parent planning the move shall, before he leaves the state with the child, petition the court for permission to move the child. The failure of a parent to comply with the provisions of this section may be considered a factor if a change of custody is requested by the non- custodial parent or other parent having joint custody. The parties hereto are on notice of the provisions of NRS 125.510(6) which provides that: PENALTY FOR VIOLATION OF ORDER: THE ABDUCTION, CONCEALMENT OR DETENTION OF A CHILD IN VIOLATION OF THIS ORDER IS PUNISHABLE AS A CATEGORY D FELONY AS PROVIDED IN NRS 193.130. NRS 200.359 provides that: every person having a limited right to custody of a child or any parent having no right of custody to the child who willfully detains, conceals or removes the child from a parent, guardian or other person having lawful custody or a right of visitation of the child in violation of an order of this court, or removes the child from the jurisdiction of the court without the consent of either the court or all persons who have the right to custody or visitation is subject to being punished for a category D felony as provided in NRS 193.130. As provided in NRS 125.510(7), the terms of the Hague Convention of October 25, 1989, adopted by the 14#h Session of the Hague Conference on Private International Law, apply if a parent abducts or wrongfully retains a child in a foreign country. Pursuant to NRS 125A.290, and as specified by the parties, the state of Nevada is the habitual residence of the child. The parties hereto are on notice of the provisions of 125A.145 which provides that: an order issued by any court for the support of a child must be reviewed by the court at least every three years pursuant to said section to determine whether the order should be modified. An order for support of a child may also be reviewed at any time on the basis of changed circumstances.VI. COMMUNITY PROPERTY The parties hereto own the following community property: A 2000 Nissan Sentra titled in the name of both parties and has a fair market value of approximately $5,000. The parties owes approximately $7,000.00 on the automobile, which Plaintiff pays at the rate of $350.00 per month. Plaintiff uses the vehicle to transport the minor children and to drive to her job. Plaintiff requests that the court transfer the vehicle to her in her sole name to be used for the benefit of the minor children and the Plaintiff. COMMUNITY DEBT The parties hereto owe the following community debt: (a) Medical bill: $500.00; Automobile loan: $7,000.00; credit card: $300.00. VIII FEDERAL INCOME TAXES The plaintiff shall be entitled to claim the minor children on her federal income taxes. IX The Plaintiff desires to retain her birth name, Maria Jimenez. Plaintiff requests that this Honorable Court enter an Order incorporating into said Order the provisions set forth herein. WHEREFORE, Plaintiff prays as follows: 1. That the Plaintiff be granted an absolute divorce from Defendant. 2. That the parties be granted joint legal custody of the minor children with physical custody to the Plaintiff to reasonable visitation to the Defendant as set forth in the Visitation Agreement incorporated herein and attached hereto as Exhibit #1. 3. That the Defendant be ordered to pay child support in the statutory amount of his gross monthly income, and that said child support obligation be adjusted pursuant to Wright v Osburn4. That Defendant's visitation with the Parties" minor child be ordered as set forth in the Visitation Agreement as stated above and attached hereto as Exhibit #1. 5. That the Plaintiff shall have the right to claim the minor children on her income taxes. 6. That the Plaintiff shall maintain health insurance for the minor child. That Defendant shall be ordered to pay or reimburse Plaintiff, within thirty (30) days of receipt, y of any out of pocket medical expense Plaintiff incurs for the benefit of the minor children. That Defendant's child support obligation shall be adjusted to compensate for any out of pocket cost incurred by the Plaintiff for the children's health insurance. 7. That the Court shall award the 2000 Nissan Sentra to the Plaintiff for the benefit of the minor children and the Plaintiff. That Defendant be ordered to execute any and all documents necessary to permit Plaintiff to tile the vehicle in her separate name. 8. That Plaintiff shall be responsible for the payment on the 2000 Nissan Sentra and shall hold defendant harmless for all such payments. 9 That each party shall be ordered to pay 1: of the community debts. 10. That Plaintiff be retain her prior name, M 11. That neither party shall be awarded spousal support. 13. That each party shall pay his/her own legal fees and cost. 14. For such other and further relief as this Honorable Court may deem appropriate under the circumstances be ordered. DATED this_ day of 2009. ALDAA ANDERSON, ESQ.(SEN:8746) 3000 W. Charleston Blvd., Suite #5 Las Vegas, Nevada 89102(702) 878-3240 Attorney for Plaintiff, M VERIFICATION NOTARY PUBLIC STATE OF NEVADA COUNTY OF CLARK That I am the Plaintiff in the above and foregoing action; That I have read the foregoing COMPLAINT FOR ABSOLUTE DIVORCE AND OTHER RELIEF, and know the contents therein, and hereby state that the same is true to the best of my own personal knowledge, except for those matters contained therein stated upon information and belief, and as for those matters, I believe them to be true as well. DATED this day of . 2009. M SUBSCRIBED and SWORN to before me this _day of - 2009. ACKNOWLEDGMENT STATE OF NEVADA )$6: COUNTY OF CLARKOn the _ day of 2009, personally appeared before me, a Notary Public, M_ known to me to be the person who executed the foregoing COMPLAINT FOR ABSOLUTE DIVORCE AND OTHER RELIEF, and who acknowledged to me that he did so freely, voluntarily, and for the uses and purposes therein mentioned. NOTARY PUBLIC