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PETITION FOR
DISSOLUTION OF MARRIAGE AND OTHER RELIEF
COUNT I
DISSOLUTION OF MARRIAGE AND OTHER RELIEF
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT,
IN AND FOR COLLIER COUNTY, FLORIDA
Case No.: 2017-DR-001099
Division: Family Court
IN RE THE MARRIAGE OF:
DALIA J. HERNANDEZ,
Petitioner/Wife,
and
JESUS ALBERTO JOSE RODRIGUEZ ALGERNON,
Respondent/Husband,
Petitioner, DALIA J. HERNANDEZ, by and through the undersigned attorney, files this Petition for Dissolution of Marriage and states as follows:
1. Action for Dissolution of Marriage.
This is an action for dissolution of the bonds of marriage between the parties in the above-styled cause, specifically Petitioner, Dalia J. Hernandez, hereinafter called “Wife,” and Respondent, Jesus Alberto Jose Rodriguez Algernon, hereinafter called “Husband.” Completed Notice of Social Security Number forms are attached or were previously filed with this Court.
2. Jurisdiction and Venue.
The Petitioner has been resident of Florida for more than six (6) months prior to the filing of this Petition. Venue is proper in this circuit because Collier County is where the intact marriage of these parties was last evidenced by a continuing union and the intent to remain there and married to each other.
3. Marriage Statistic.
The parties were duly married to each other on November 29, 2010, Collier County, Naples, Florida.
4. Date of Separation.
The parties cohabited together as husband and wife until their final separation on or about December 1, 2010.
5. Grounds.
The marriage of the parties is irretrievably broken.
6. Real Property.
The parties have no real property in common.
7. Children
The parties have no children in common:
8. Debts.
The parties have incurred certain debts during the marriage in regard to which the individual and specific obligations of the parties should be adjudicated by the court.
9. Injunction Against Disposal of Assets.
Wife believes and therefore alleges that Husband might hide, remove or dispose of part or all of his assets and funds to the detriment of Wife if he is not restrained by an Order of this Court. Husband will sustain no damage from entry of an order enjoining disposal or transfer of any assets without consent of Wife or order of court. The great majority of Husband's assets can be easily encumbered, sold, transferred or disposed of. Wife would be irrevocably injured by these acts of Husband and believes the injury will occur if Husband is not restrained and enjoined without notice from disposing, encumbering, withdrawing, selling, transferring or permitting the disposal, encumbrance, withdrawal, sale or transfer of his assets, or transfer of any assets, or making any changes in his life insurance policies, health and other insurance policies, or employment benefits from that which existed at the time prior to the separation of the parties, until further order of this Court.
10. Military Status.
Both parties are over the age of eighteen (18) years and Jesus Alberto Jose Rodriguez Algernon, is not in the reserves of the military service of the United States as defined by the Service members Civil Relief Act of 2003.
11. Attorney's Fees and Costs.
Wife has employed the law office of Michael Schneider to represent her in this action and has agreed to pay a reasonable attorney's fee, cost and suit money for this representation. Wife is financially unable to pay said attorney or the costs of this action, but Husband is well able to do so.
12. Name Change
No name change is been requested.
13. Alimony
No alimony is been requested.
WHEREFORE, Wife, Dalia J. Hernandez, respectfully requests that this Honorable Court:
A. Award Wife the relief sought herein, and dissolve the marriage of the parties.
B. Grant an equitable distribution of the assets and liabilities that each of the parties acquired during or as a result of this marriage, making use of all appropriate remedies, giving due regard to the applicable factors set forth in Florida Statutes.
C. Adjudicate the rights of the parties in regard to their jointly owned real and/or personal property and debts, including such marital and non-marital rights and obligations as may exist, and pending such adjudication, restrain Husband from transferring, concealing, removing, dissipating, encumbering, destroying, selling, or in any other way disposing of such assets without written agreement of Wife or order of court.
D. Adjudicate the rights of each party to the pension, retirement and other employment benefits accumulated by the parties.
E. Equitably distribute any debts incurred by the parties prior to the dissolution of marriage.
F. Waive posting of any bond as per Florida Rules of Civil Procedure.
G. Require Husband to contribute to Wife's attorney's fees and related legal expenses and costs.
/s/ Dalia J. Hernandez
Wife/Petitioner
STATE OF FLORIDA
COUNTY OF COLLIER
SWORN TO AND SUBSCRIBED before me, this 3rd day of March, by Wife, Dalia J. Hernandez, who is personally known to me or has produced a Florida drivers license as identification.
(SEAL) /s/ Mariela Martinez
MY COMMISSION #FF141452
EXPIRES July 13, 2018
(407) 398-0153
FloridaNotaryService.com
May 19, 26; June 2, 9, 2017 17-00884C