Wife's Petition for Dissolution of Marriage and Other Relief
COMES NOW the Petitioner/Wife, Shellie Nichole Zimmerman (hereinafter referred to as "Wife") by and through her undersigned counsel, and files this Petition for Dissolution of Marriage and Other Relief, and states as follows:
1. Cause of Action: This is an action for dissolution of marriage between Shellie Nichole Zimmerman, Wife and George Michael Zimmerman, Husband, and for other relief.
2. The Marriage: The parties were married on November 17, 2007, in Daytona Beach, Volusia County, Florida. The parties separated on August 13, 2013 and are not presently cohabitating as Husband and Wife. The marriage between the parties is irretrievably broken.
3. Residency Statement: The Wife has been a resident of the State of Florida for more than six (6) months prior to the filing of this Petition.
4. Children: There have been no minor children born of this marriage, the Wife is not pregnant at this time, and no future children are contemplated of this marriage.
5. Military Service and Majority: The Wife and Husband are both over the age of 18 years and neither the Wife no the Husband is a member of the Armed Forces of the United States of America, as defined by the term, "persons in the military service of the United States", as those terms are used in Section 511 of the "Soldiers and Sailors' Civil Relief Act of 1940", as amended as set forth in 50 App. U.S.C.A. Furthermore, the said Respondent is not entitled to any of the benefits and privileges of said Act, as amended.
6. Life Insurance on Behalf of the Wife: The Wife is in need of and the Husband should be required to provide and maintain both temporary and permanent life insurance for the benefit of the Wife to secure any equitable distribution awards to the Wife that are not completed at the time of the Final Judgement of Dissolution of Marriage. Such policies should be non-assessable with premiums paid by the Husband. The Husband has the financial ability to obtain such life insurance at reasonable rates.
7. Preservation of Assets: The parties have acquired personal property, which may be either jointly or individually titled, or owned jointly with a third person and which property is subject to equitable distribution by this Court and which property the Court may require to allocate other financial obligations of the parties.
The Wife is in need of a temporary order enjoining and restraining the Husband from alienating, disposing, transferring, encumbering or selling any such property in which the Husband has an interest, regardless of title of said property.
8. [Lawyer accidentally skipped this number in actual document]
9. Equitable Distribution: During the marriage, the parties acquired certain personal property, assets, and liabilities. The Wife requests an equitable distribution of said personal property, assets and liabilities defined by Florida Statutes and applicable case law, pursuant to Section 61.075, Florida Statutes after setting aside to either party, as appropriate, any pre-marital or non-marital properties, assets, and liabilities. Said properties, assets, and liabilities include:
A. Personal Property:
- The parties have acquired personal property during the course of the marriage. Wife requests equitable distribution of same with the exclusion of the following, which the Wife requests be awarded soley to her: Oso, a two year old, 120 pound Rottweiler canine and Leroy, an eight year old, 20 pound "Heinz 57" canine.
B. Indebtedness:
- The parties have incurred certain debts during the course of the marriage. Wife requests an equitable distribution of the same.
C. Retirement/Investment/Checking/Savings Accounts; Benefits and Rights from Same:
- Both the Wife and the Husband have checking and savings accounts. Wife requests an equitable distribution of same, including but not limited to, if applicable, any form of survivor benefit, death benefit and/or insurance programs, to be distributed pursuant to applicable Florida Statute.
D. [Not listed]
E. Investments/Partnerships/Corporations/Trust:
- Both the Wife and husband are or may be involved in trusts, partnerships, and/or corporations which may be either jointly or individually held, or held jointly with a third person or persons and which are subject to equitable distribution by this Court. Wife requests an equitable distribution of same, to be distributed pursuant to applicable Florida Statutes.
F. Unknown Assets:
- The Wife does not have sufficient information concerning the exact nature of all marital assets of the parties and resereves the right to amend this pleading after complete and full financial disclosure. Due to the length of the marriage, the Wife alleges that all assets of the Husband and Wife encompassed within the date of marriage through the separation of the parties are marital assets and subject to equitable distribution by this Court.
10. Social Security Number: A completed Notice of Social Security Number, Florida Family Law Form 12.901(j), is filed with this Petition for Dissolution of Marriage and Other Relief.
11. Notice of Confidential Information within Court Filing: A completed Notice of Confidential Information within Court Filing, pursuant to Rule 2.420(d)(2), Florida Rule of Judicial Administration, is filed with this Petition for Dissolution of Marriage and Other Relief.
12. Financial Disclosure: A completed Financial Disclosure Affidavit, in compliance with Florida Family Law Form 12.901(d) or (e), has been served upon the Husband with this Petition for Dissolution of Marriage and Other Relief and filed with the Clerk of Court on the same date as said Petition.
13. Administrative Order: Administrative Order No. 11-10-S which applies to this proceeding has been served upon the Husband with this Petition for Dissolution of Marriage and Other Relief. (See attached as Exhibit A).
14. Attorney Fees: The Wife has retained undersigned counsel to represent her in bringing this action and has become obligated to pay said counsel a reasonable fee for services. The Court should determine at final hearing of this cause the responsible party for payment of fees and suit costs, and further whether attorney's fees and suit costs are payable pursuant to Rosen v. Rosen, 696 So.2d 697 (Fla. 1997) and its progeny, and/or the Court should determine, if appropriate, whether fees are due and payable from the Husband to the Wife pursuant to F.S. 67.105(4).
WHEREFORE/b>, The the Wife respectfully prays that this Court take jurisdiction of the parties and the subject matter to this action and award relief to the Wife as follows:
A. Grant Dissolution of marriage between the parties;
B. Require Husband to provide and maintain temporary and permanent life insurance to secure equitable distribution awards to the Wife that are not completed at the time of the Final Judgement of Dissolution of Marriage;
C. Enter a temporary order enjoining and restraining the Husband from alienating, disposing, transferring, encumbering or selling any marital property in which the Husband has an interest, regardless of title of said property;
D. Make an equitable distribution of all of the marital assets and liabilities of the parties;
E. Award Wife sole possession/ownership/custody of canines Oso and Leroy;
F. Allow the Wife to amend this pleading, if necessary, after full disclosure, and thereafter equitably distribute all marital assets;
G. Determine the responsibility for payment of temporary and permanent attorney's fees and suit costs; and
H. Award such other and further relief as may be appropriate.
DATED this 5th day of September, 2013.
State of Florida
County of Orage
BEFORE ME, the undersigned authority, this day personally appeared, Shellie Nichole Zimmerman who is personally known to me or has produced the following identification: and being by me the first duly sworn, acknowledges that she read the foregoing and executed this instrument freely and voluntarily for the purpose therein expressed.
Signed: Debra G. Humphery
Notary Public
Signed: kelly B. Sims
Attorney for Wife
COMES NOW the Petitioner/Wife, Shellie Nichole Zimmerman (hereinafter referred to as "Wife") by and through her undersigned counsel, and files this Petition for Dissolution of Marriage and Other Relief, and states as follows:
1. Cause of Action: This is an action for dissolution of marriage between Shellie Nichole Zimmerman, Wife and George Michael Zimmerman, Husband, and for other relief.
2. The Marriage: The parties were married on November 17, 2007, in Daytona Beach, Volusia County, Florida. The parties separated on August 13, 2013 and are not presently cohabitating as Husband and Wife. The marriage between the parties is irretrievably broken.
3. Residency Statement: The Wife has been a resident of the State of Florida for more than six (6) months prior to the filing of this Petition.
4. Children: There have been no minor children born of this marriage, the Wife is not pregnant at this time, and no future children are contemplated of this marriage.
5. Military Service and Majority: The Wife and Husband are both over the age of 18 years and neither the Wife no the Husband is a member of the Armed Forces of the United States of America, as defined by the term, "persons in the military service of the United States", as those terms are used in Section 511 of the "Soldiers and Sailors' Civil Relief Act of 1940", as amended as set forth in 50 App. U.S.C.A. Furthermore, the said Respondent is not entitled to any of the benefits and privileges of said Act, as amended.
6. Life Insurance on Behalf of the Wife: The Wife is in need of and the Husband should be required to provide and maintain both temporary and permanent life insurance for the benefit of the Wife to secure any equitable distribution awards to the Wife that are not completed at the time of the Final Judgement of Dissolution of Marriage. Such policies should be non-assessable with premiums paid by the Husband. The Husband has the financial ability to obtain such life insurance at reasonable rates.
7. Preservation of Assets: The parties have acquired personal property, which may be either jointly or individually titled, or owned jointly with a third person and which property is subject to equitable distribution by this Court and which property the Court may require to allocate other financial obligations of the parties.
The Wife is in need of a temporary order enjoining and restraining the Husband from alienating, disposing, transferring, encumbering or selling any such property in which the Husband has an interest, regardless of title of said property.
8. [Lawyer accidentally skipped this number in actual document]
9. Equitable Distribution: During the marriage, the parties acquired certain personal property, assets, and liabilities. The Wife requests an equitable distribution of said personal property, assets and liabilities defined by Florida Statutes and applicable case law, pursuant to Section 61.075, Florida Statutes after setting aside to either party, as appropriate, any pre-marital or non-marital properties, assets, and liabilities. Said properties, assets, and liabilities include:
A. Personal Property:
- The parties have acquired personal property during the course of the marriage. Wife requests equitable distribution of same with the exclusion of the following, which the Wife requests be awarded soley to her: Oso, a two year old, 120 pound Rottweiler canine and Leroy, an eight year old, 20 pound "Heinz 57" canine.
B. Indebtedness:
- The parties have incurred certain debts during the course of the marriage. Wife requests an equitable distribution of the same.
C. Retirement/Investment/Checking/Savings Accounts; Benefits and Rights from Same:
- Both the Wife and the Husband have checking and savings accounts. Wife requests an equitable distribution of same, including but not limited to, if applicable, any form of survivor benefit, death benefit and/or insurance programs, to be distributed pursuant to applicable Florida Statute.
D. [Not listed]
E. Investments/Partnerships/Corporations/Trust:
- Both the Wife and husband are or may be involved in trusts, partnerships, and/or corporations which may be either jointly or individually held, or held jointly with a third person or persons and which are subject to equitable distribution by this Court. Wife requests an equitable distribution of same, to be distributed pursuant to applicable Florida Statutes.
F. Unknown Assets:
- The Wife does not have sufficient information concerning the exact nature of all marital assets of the parties and resereves the right to amend this pleading after complete and full financial disclosure. Due to the length of the marriage, the Wife alleges that all assets of the Husband and Wife encompassed within the date of marriage through the separation of the parties are marital assets and subject to equitable distribution by this Court.
10. Social Security Number: A completed Notice of Social Security Number, Florida Family Law Form 12.901(j), is filed with this Petition for Dissolution of Marriage and Other Relief.
11. Notice of Confidential Information within Court Filing: A completed Notice of Confidential Information within Court Filing, pursuant to Rule 2.420(d)(2), Florida Rule of Judicial Administration, is filed with this Petition for Dissolution of Marriage and Other Relief.
12. Financial Disclosure: A completed Financial Disclosure Affidavit, in compliance with Florida Family Law Form 12.901(d) or (e), has been served upon the Husband with this Petition for Dissolution of Marriage and Other Relief and filed with the Clerk of Court on the same date as said Petition.
13. Administrative Order: Administrative Order No. 11-10-S which applies to this proceeding has been served upon the Husband with this Petition for Dissolution of Marriage and Other Relief. (See attached as Exhibit A).
14. Attorney Fees: The Wife has retained undersigned counsel to represent her in bringing this action and has become obligated to pay said counsel a reasonable fee for services. The Court should determine at final hearing of this cause the responsible party for payment of fees and suit costs, and further whether attorney's fees and suit costs are payable pursuant to Rosen v. Rosen, 696 So.2d 697 (Fla. 1997) and its progeny, and/or the Court should determine, if appropriate, whether fees are due and payable from the Husband to the Wife pursuant to F.S. 67.105(4).
WHEREFORE/b>, The the Wife respectfully prays that this Court take jurisdiction of the parties and the subject matter to this action and award relief to the Wife as follows:
A. Grant Dissolution of marriage between the parties;
B. Require Husband to provide and maintain temporary and permanent life insurance to secure equitable distribution awards to the Wife that are not completed at the time of the Final Judgement of Dissolution of Marriage;
C. Enter a temporary order enjoining and restraining the Husband from alienating, disposing, transferring, encumbering or selling any marital property in which the Husband has an interest, regardless of title of said property;
D. Make an equitable distribution of all of the marital assets and liabilities of the parties;
E. Award Wife sole possession/ownership/custody of canines Oso and Leroy;
F. Allow the Wife to amend this pleading, if necessary, after full disclosure, and thereafter equitably distribute all marital assets;
G. Determine the responsibility for payment of temporary and permanent attorney's fees and suit costs; and
H. Award such other and further relief as may be appropriate.
DATED this 5th day of September, 2013.
State of Florida
County of Orage
BEFORE ME, the undersigned authority, this day personally appeared, Shellie Nichole Zimmerman who is personally known to me or has produced the following identification: and being by me the first duly sworn, acknowledges that she read the foregoing and executed this instrument freely and voluntarily for the purpose therein expressed.
Signed: Debra G. Humphery
Notary Public
Signed: kelly B. Sims
Attorney for Wife
( George Zimmerman )
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