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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-1053
Division: Family Court
IN RE THE MARRIAGE OF:
NATALYA KIRKPATRICK
Petitioner/Wife,
and
JARED KIRKPATRICK
Respondent/Husband,
Petitioner, NATALYA KIRKPATRICK, 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, Natalya Kirkpatrick, hereinafter called “Wife,” and Respondent, Jared Kirkpatrick, 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 March 14, 2003.
4. Date of Separation.
The parties cohabited together as husband and wife until their final separation on or about June 1, 2015.
5. Grounds.
The marriage of the parties is irretrievably broken.
6. Real Property.
There is a real property located at 8951 Bonita Springs Beach Road #525, Bonita Springs, FL 34135. The Petitioner is requesting sole use and ownership of the real property, until the minor children are 18 years of age. At that point the parties may sell the real property and split the earnings in half.
7. Children
The parties have one child in common:
Michael Kirkpatrick
D.O.B. 10/28/2010
Dimitriy Kirkpatrick
D.O.B 10/28/2010
The Petitioner/Wife is requesting custodial parent of the minor children.
The Respondent/Father is not currently paying any Child Support. A completed Parenting Plan and Child Support Guidelines will be filed in this case.
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 Brian D. Smith, 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. Alimony
Wife requests that the Court order the Respondent/Husband to pay spousal support (alimony), bridge-the gap alimony.
WHEREFORE, Wife, Natalya Kirkpatrick, 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.
H. That the Petitioner be declared the custodial parent of the minor children.
I. That the Petitioner be granted sole use and ownership of the property located at 8951 Bonita Springs Beach Road #525, Bonita Springs, FL 34135, until the minor children are 18 years of age. At that point the parties may sell the real property and split the earnings in half.
J. That the Court orders the Respondent/Husband to pay spousal support (alimony), bridge-the gap alimony.
/s/ Natalya Kirkpatrick
Wife/Petitioner
STATE OF FLORIDA
COUNTY OF COLLIER
SWORN TO AND SUBSCRIBED before me, this 2nd day of May, 2017, by Wife, Natalya Kirkpatrick, who is personally known to me or has produced a Florida drivers license as identification.
/s/ Mariela Martinez
NOTARY PUBLIC
Respectfully submitted:
Law Office of Michael Schneider
By: Michael Schneider
Florida Bar No. 0958735
2663 Airport Rd S, Ste. D 101
Naples FL 34112
Tel. (239) 262-7346
E-Mail: [email protected]
Attorney for Wife
May 19, 26; June 2, 9, 2017 17-00885C