Divorce Complaint

Back to Family Law Legal Forms

IN THE CIRCUIT COURT OF BRAXTON COUNTY, WEST VIRGINIA

JANE DOE,

Plaintiff,

VS. CIVIL ACTION NO. 12-D-34

JOHN DOE,

Defendant.

DIVORCE COMPLAINT

TO THE HONORABLE JUDGE OF SAID COURT:

Your Plaintiff, JANE DOE, respectfully represents unto Your Honor:

That she is a bona fide resident of Braxton County, West Virginia, and is and has been a bona fide resident of West Virginia for more than one (1) year last past, continuously, immediately preceding the filing of this Complaint.

That the Defendant is a resident of the State of West Virginia, and that his last known address is
P. O. Box ABC, Heaters, West Virginia 26627.

III

That she and the Defendant, John Doe, were duly and legally married on the 11th day of June, 1967, in Lewis County, West Virginia, as will more fully appear from the marriage records of said City and State for said day and year.

That there were two (2) living children born of the marriage of the Parties hereto, namely, Phillip Doe, born November 21, 1978, age sixteen (16); and Bethany Doe, born December 28, 1980, age thirteen (13), who are presently in the custody of the Plaintiff, the primary caretaker of said infants.

That from the date of said marriage until June, 1992, Plaintiff and Defendant lived together as man and wife.

That Plaintiff and Defendant last lived and cohabited together as man and wife at P. O. Box DEF, Burnsville, Braxton County, West Virginia, until June, 1992, when they separated and their separation has been continuous and uninterrupted since that date.

VII

That the Plaintiff and the Defendant have irreconcilable differences resulting from their marriage which said differences make a continuing marriage relationship between the Parties impossible.

VIII

That the Defendant has been guilty of cruel and inhuman treatment toward the Plaintiff, which has been such as to destroy or tend to destroy her mental and physical well being, happiness and welfare and which renders continuous cohabitation unsafe and unendurable.

That the parties have lived separate and apart in separate places of abode without any cohabitation and without interruption for one (1) year next preceding the institution of this action, and such separation was the voluntary act of the parties hereto as set forth in West Virginia Code, Chapter 48, Article 2, Section 4, Sub-Section (a) (7).

That the Defendant has wilfully abandoned or deserted the Plaintiff for a period in excess of six (6) months.

That the Defendant has been guilty of adultery with one Snow White, which said adulterous acts on the part of the Defendant were not and have not been condoned by the Plaintiff.

XII

That regarding the child custody jurisdiction of the Court in this action, the Plaintiff says that the children of the marriage have resided only with one or both of the Parties since the birth of said children; that the Plaintiff has not participated in any other litigation concerning the custody of the children in this or any other state ; that the Plaintiff has no information of any custody proceeding concerning the children of the marriage pending in a court of this or any other state; that the Plaintiff knows of no other person who has had physical custody of the children of the marriage or claims to have custody or visitation rights with the children, who is not a party hereto.

XIII

That the Plaintiff is entitled to equitable distribution of all marital assets for her economic contributions provided over the duration of the marriage herein sought to be dissolved, and she is entitled to reasonable compensation for homemaker services.

XIV

That neither of the parties hereto are active members of the Armed Forces of the United States.

PRAYER

WHEREFORE, Plaintiff prays that she be awarded a divorce from the bonds of matrimony now existing between her and said Defendant; that she be awarded temporary and permanent alimony; that she be awarded her attorney fees and costs in this behalf expended; that she be awarded temporary and permanent care, custody and control of the infant children born of the marriage of the Parties hereto; that she be awarded temporary and permanent child support; that she be awarded hospitalization insurance coverage to be maintained at the Defendant's expense from a reputable carrier for the benefit of said infants and herself; that Defendant be ordered to assume primary responsibility for all debts and liabilities incurred jointly by the Parties hereto during coverture; that she be awarded equitable distribution of all marital property as defined by West Virginia Code 48-2-1(e); that she be awarded all of her separate property as provided under West Virginia Code 48-2-1(f); that she be awarded a reasonable sum for homemaker services rendered over the seventeen (17) year marriage herein sought to be dissolved; that she be awarded exclusive possession of the former marital home, situate at P. O. Box DEF, Burnsville, West Virginia, together with the dwelling located thereat, and all improvements thereon and appurtenances thereunto belonging; and, that she may have such other, further and general relief as the Court may find proper.

JANE DOE

By Counsel

_____________________________
JAMES WILSON DOUGLAS
Attorney at Law
100 North Hill Road
Post Office Box 425
Sutton, West Virginia 26601