Petition in suit to declare marriage absolutely null

Louisiana document, but probably can be adapted to service in any State - Petition to suit to declare marriage null, (annulment).


Form No. 9.1 Petition in suit to declare marriage absolutely null


* * *
PETITION FOR DECLARATION OF NULLITY OF MARRIAGE

The petition of ________ , who is domiciled in ________ Parish, respectfully represents:

1.

Defendant in this suit is ________ , who is domiciled in ________ Parish.

2.

Plaintiff was married to the defendant on ________ , in the city of ________ , ________
Parish, Louisiana, where they established their matrimonial domicile.

3.

The defendant was married to ________ on ________ and remained married until
________ when a judgment of divorce was obtained in the matter entitled ________ ,
________ District Court, Parish of ________ . A certified copy of the divorce judgment is
attached as an exhibit to this petition.

4.

Since the defendant was married at the time of the purported marriage to the plaintiff, the
plaintiff's marriage to the defendant is an absolute nullity.

5.

Prior to the parties marriage, the plaintiff had no knowledge that defendant had been
married before and no reason to suspect that there was any impediment to the marriage.
Plaintiff did not learn of defendant's prior marriage until ________ . At this time plaintiff
immediately left the matrimonial domicile.

6.

Although plaintiff's marriage to the defendant was an absolute nullity, plaintiff contracted
the marriage in good faith, without knowledge of any legal impediment to the marriage, and
thus enjoys all of the rights of a putative wife.

7.

No children were born of the putative marriage of the plaintiff and the defendant.



8.

Plaintiff reserves her right to file for a partition of community property.

WHEREFORE, plaintiff prays for a judgment declaring the marriage between ________
and ________ on ________ to be an absolute nullity.
Notes to Form No. 9.1

1. Name of petitioner. For purposes of this Form, the nullity of the marriage is based on the
fact that one party did not obtain a divorce from his first wife before he married the plaintiff in
this suit.
2. Parish of petitioner's domicile. Jurisdiction is based on the domicile of one of the parties.
LSA-C.C.P. art. 10(6). The venue for an action of nullity is the parish where either party is
domiciled or the parish of the last matrimonial domicile. LSA-C.C.P. art. 3941.
3. Name of defendant.
4. Parish of defendant's domicile.
5. Date of marriage.
6. City and parish were parties were domiciled.
7. Name of defendant's spouse by prior marriage.
8. Date of defendant's prior marriage.
9. Date prior marriage was terminated.
10. Insert relevant information about divorce that was obtained in prior marriage.
11. A putative marriage may be an absolute or relative nullity. A relative nullity may be
confirmed. LSA-C.C. art. 95. An absolutely null marriage is null without need for judicial
proceedings. However, the party may seek a declaration of the nullity. LSA-C.C. art. 94.
12. Date that plaintiff learned of prior marriage.
13. The putative marriage produces civil effects in favor of the party who contracted it in
good faith. LAS-C.C. art. 96.
14. If there are children born of the putative marriage, use the forms provided in Chapter 14
for matters of child custody, visitation and support.
15. The petition for nullity may be joined with a demand for partition of property acquired
during the marriage or a separate suit may be filed later if the parties cannot reach an amicable
settlement. See Chapter 8.
16. Name of plaintiff.
17. Name of defendant.
18. Date of putative marriage.


Public Document

Number of times Signed
0
Number of Saves
0
Number of Downloads
690
Number of Views
6.6k

This is version 1, from 6 years ago.

Suggest changes by making a copy of this document. Learn more.

Create Branch