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- IN THE CIRCUIT COURT OF FAULKNER COUNTY, ARKANSAS
- DOMESTIC RELATIONS DIVISION
- Samuel A. Toller
- PLAINTIFF
- v. Case No. _______________
- Rosa S. Toller
- DEFENDANT
- COMPLAINT FOR DIVORCE
- COMES NOW the plaintiff, Samuel A. Toller, pro se, and for a Complaint for Divorce filed herein against the defendant, Rosa S. Toller, respectfully states and alleges:
- 1. That Plaintiff is a resident of Faulkner County, Arkansas and has been for at least sixty (60) days prior to filing this action. That this action arose in Arkansas.
- 2. That Defendant is a resident of Faulkner County, Arkansas.
- 3. That this cause of action occurred within two years after the date of this complaint.
- 4. That the Plaintiff and Defendant were lawfully married on June 14, 2011 in Conway, Arkansas and lived together as husband and wife until they separated on or about July 12, 2016; the parties have continued to live separate and apart since that date.
- 5. That during the course of the marriage, both parties treated each other with such indignities as to render life intolerable and to entitle them to an absolute divorce.
- 6. That there is one minor child of the marriage, D.G.T. 5 years old, which there is already a custody order in place and shall stay the same with no change. There are no other children expected.
- 7. That the Defendant should be restored her former name of Rosa S. Vickers.
- 8. That there are no marital property rights and other debts incurred during the marriage up until this date of separation shall be divided equally.
- WHEREFORE, Plaintiff prays that he be granted an absolute divorce from the Defendant; for restoration of Defendant's former name, Rosa S. Vickers, and for all other just and proper relief to which he is entitled.
- Respectfully submitted,
- ___________________________________
- Samuel A. Toller
- 10 Shadow Brooke Cove
- Vilonia, AR 72173
- (501) 747-3317
- VERIFICATION
- STATE OF ARKANSAS )
- ) SS
- COUNTY OF _________ )
- The undersigned, being duly sworn, states on oath that she has reviewed the above named pleading and that the facts and matters contained therein are true and correct to the best of her knowledge and belief.
- ______________________________
- Samuel A. Toller
- SUBSCRIBED AND SWORN TO before me this _____day of ___________, _______.
- _________________________________
- Notary Public
- My Commission Expires:
- ___________________
- IN THE CIRCUIT COURT OF FAULKNER COUNTY, ARKANSAS
- DOMESTIC RELATIONS DIVISION
- Samuel A. Toller
- PLAINTIFF
- v. Case No. _______________
- Rosa S. Toller
- DEFENDANT
- ENTRY OF APPEARANCE AND WAIVER OF SERVICE OF SUMMONS
- The Defendant hereby enters appearance and waives requirements of service of summons in this court and states under oath the following:
- 1. I hereby waive service of summons upon me in the above styled court and cause and the time in which to answer.
- 2. I agree that this cause may be heard in vacation, on oral testimony or on depositions and hereby waive notice of taking depositions and the filing of cross-interrogatories thereto, and waive all irregularities in time of taking such depositions.
- 3. I am not a member of the Armed Services of the United States.
- 4. This cause may be submitted to the Judge at any time or place, and the proceedings shall have the same force and effect as if done at a regular day of court.
- 5. I understand that the Circuit Court of Faulkner County, Arkansas will retain jurisdiction of this cause for such further orders as may be necessary for the enforcement of the terms of the Decree.
- WITNESS my hand this ______________ day of _________, _______.
- ____________________________________
- Rosa S. Toller
- VERIFICATION
- STATE OF ARKANSAS )
- ) SS
- COUNTY OF _________ )
- The undersigned, being duly sworn, states on oath that she has reviewed the above named pleading and that the facts and matters contained therein are true and correct to the best of her knowledge and belief.
- ______________________________
- Rosa S. Toller
- SUBSCRIBED AND SWORN TO before me this _____day of ___________, _______.
- _________________________________
- Notary Public
- My Commission Expires:
- ___________________
- IN THE CIRCUIT COURT OF FAULKNER COUNTY, ARKANSAS
- DOMESTIC RELATIONS DIVISION
- Samuel A. Toller
- PLAINTIFF
- v. Case No. _______________
- Rosa S. Toller
- DEFENDANT
- AFFIDAVIT OF SERVICE BY MAIL
- The undersigned, having been duly sworn, states upon oath and affirmation as follows:
- 1. That I am the Plaintiff in the above captioned case.
- 2. That on ____________, I caused a certified letter, restricted delivery to addressee only or her agent, to be mailed to the Defendant, Rosa S. Toller, at Defendant’s last known address along with a copy of the Summons and Complaint.
- 3. That on _____________, the letter was claimed as evidenced by the return receipt signed by the Defendant attached hereto as Exhibit “A.”
- IN WITNESS WHEREOF, I have set my hand this ____ day of ___________, 20___.
- ______________________________
- Samuel A. Toller
- ACKNOWLEDGMENT
- The undersigned, being duly sworn, states on oath that he has reviewed the above named pleading and that the facts and matters contained therein are true and correct to the best of his knowledge and belief.
- ______________________________
- Samuel A. Toller
- SUBSCRIBED AND SWORN TO before me this _____day of ___________, _______.
- _________________________________
- Notary Public
- My Commission Expires:
- IN THE CIRCUIT COURT OF FAULKNER COUNTY, ARKANSAS
- DOMESTIC RELATIONS DIVISION
- Samuel A. Toller
- PLAINTIFF
- v. Case No. _______________
- Rosa S. Toller
- DEFENDANT
- DECREE OF DIVORCE
- On this date, the Plaintiff, Samuel A. Toller, appearing pro se, the Defendant, Rosa S. Toller, having been properly served, this matter having been submitted to the Court upon the Complaint for Divorce, and from the testimony of the Plaintiff and witness, Kathaleen Mae Marcum, and other evidence before the Court, the Court DOTH FIND AND ORDER:
- 1. This Court has jurisdiction of the parties and subject matter of this cause of action.
- 2. The Plaintiff, Samuel A. Toller, has substantiated grounds for divorce, that both parties treated the each other with such indignities as to render life intolerable and to entitle them to an absolute divorce, by a preponderance of the evidence and that the parties is entitled to an absolute divorce from each othevdr.
- 3. That there is one minor child of the marriage, D.G.T. 5 years old, which there is already a custody order in place and shall stay the same with no change. There are no other children expected.
- 4. Each party shall have full ownership, use, control and financial responsibility for all personal property presently in their individual possession free and clear of any claims of the other party. Each party shall execute and deliver to the other any document of title necessary to insure the quiet enjoyment of said property by the other.
- 5. The Plaintiff shall take financial responsibility, and hold Defendant, harmless, for payment of debts which Plaintiff incurred after the separation on July 12, 2016 and for those debts owed on any property which Plaintiff retains.
- 6. The Defendant shall take financial responsibility and hold Plaintiff, harmless, for debts in Defendant’s name, for payment of debts which defendant incurred after the separation on July 12, 2016 and for those debts owed on any property which Defendant retains.
- 7. The parties shall execute all necessary documents and conveyances for the purpose of implementing this Decree when and as called upon to do so by the other.
- 8. The Defendant's maiden name of Rosa S. Vickers is restored and she now be known as Rosa S. Vickers.
- 9. This Court retains jurisdiction of this cause of action for the purpose of enforcing the rights and obligations of the parties under this Decree and for other proper purposes.
- IT IS THEREFORE ORDERED, ADJUDGED AND DECREED, that Plaintiff, Samuel A. Toller, be granted an absolute divorce from Defendant, Rosa S. Toller; the Defendant's maiden name of Rosa S. Vickers, be restored and she now be known as Rosa S. Vickers; the bonds of matrimony heretofore existing between Plaintiff and Defendant should be, and hereby are, canceled, set aside, and forever held for naught, and all matters pertaining thereto shall be as set forth herein.
- ________________________________
- CIRCUIT JUDGE
- ________________________________
- DATE
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