Matthew Kelly vs. Melanie Kelly-Brit – Maricopa Family Court

matthew_kelly_vs_melanie_kelly_britt

MICHAELK. JEANES Clerk of the Superior Court By sheila panicki, Denny

Date 10/20/2014 Time 14:64:17

Matthew J. Kelly Descriptim 811381111: 1126 W. Elliot Road, #2032 –——– CRSEll 17132014095670 Chandler, AZ 85224 11H) 11 (480)221-0083 mum WI}in 601 338.00 mkelly@kelly—mccoy.com W» ——

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IN THE SUPERIOR COURT OF THE STATE OF ARIZONA

IN AND FOR THE COUNTY OF MARICOPA FC2014-095670

In re the Marriage of:

MATTHEW J. KELLY,

No.

PETITION FOR DISSOLUTION OF NON-COVENANT MARRIAGE

and (With Children) MELANIE M. KELLY,

Petitioner,

Respondent.

Petitioner Matthew J. Kelly, for his Petition for Dissolution of Non-Covenant Marriage, alleges as follows:

1. Petitioner, Matthew J. Kelly (“Petitioner”), was born on October 21, 1974 (age 39), his Social Security Number is listed on the Family Court Sensitive Data Coversheet included with this Petition, and his occupation is attorney. Petitioner’s address is 1126 W. Elliot Road, #2032, Chandler, AZ 85224, and he has been domiciled in Arizona for more than 90 days.

2. Respondent, Melanie M. Kelly (“Respondent”), was born on July 1, 1973

(age 41), her Social Security Number is listed on the Family Court Sensitive Data

Coversheet included with this Petition, and her occupation is physician assistant.I)

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Respondent’s address is 1633 W. Manor Street, Chandler, AZ 85224, and she has been domiciled in Arizona for more than 90 days.

3. The parties were married on June 8, 1996, in Flagstaff, Coconino County, Arizona and since that time have been and are now husband and wife. —-

4. This marriage is not a covenant marriage.

5. The parties’ marriage is irretrievably broken and there is no reasonable prospect of reconciliation. The conciliation provisions of A.R.S. § 25-38109 either do not apply or have been met. Petitioner has complied with, or prior to finalizing this case, will comply with the domestic relations education provisions of A.R.S. § 35—3 52.

6. The parties have three children in common: Lucas Matthew Kelly, age 12; Owen Rivers Kelly, age 9; and Tate Skinner Kelly, age 6. The children’s residential address, Social Security Number and date of birth are not listed to maintain confidentiality and privacy, but instead are listed on the Family Court Sensitive Data Coversheet filed simultaneously herewith.

7. Petitioner has not participated as a party or witness or in any other capacity in any other proceeding concerning the custody of or visitation with any child listed herein.

8. Petitioner does not know of any proceeding that could affect the current proceeding, including proceedings for enforcement and proceedings relating to domestic violence, protective orders, termination of parental rights and adoptions.

9. Petitioner does not know of any person who is not named as a party in this proceeding that has physical custody of, or claims rights of legal custody or physical custody of, or visitation with any child subject of this action.

10. Wife is not currently pregnant.

11. Neither party has committed an act of domestic violence against the other party.

12. This Court currently has jurisdiction to determine custody of the minor

children common to the parties because the minor children have lived with Petitioner or 21 Respondent in Arizona for at least the last six months or other factors exist that confer jurisdiction upon Arizona in accordance with A.R.S. § 25—1031(A).

13. Upon information and belief, the parties have reached the following

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agreements on custody, parenting time, child support and spousal maintenance: Child Custody: The parties shall have joint custody. Parenting Time: The parties shall have essentially equal parenting time. Child Support: Except in the event of a substantial and continuous change in

circumstances, no party shall have a child support obligation to the other party.

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Spousal Maintenance: Neither party shall be entitled to spousal maintenance.

10 WHEREFORE, based upon the foregoing, Petitioner respectfully requests that the 11 Court:

12 A. Order that the marriage between the parties be dissolved, and the parties 13 restored to the status of single persons.

14 B. Award both parties the joint legal custody of the parties’ minor children in 15 accordance with the agreements of the parties set forth in a written parenting plan to be 16 submitted to the Court and such other provisions determined by the Court to be in the best 17 interests of the children.

18 C. Award essentially equal parenting time in accordance with the written 19 parenting plan to be submitted with the final Decree or Judgment, or alternatively in the 20 best interests of the children. I

21 D. Order that, except in the event of a substantial and continuous change in

22 circumstances, neither party be awarded child support.

23 E. Order that neither party be awarded spousal maintenance.

24 F. Order the equitable division of the parties’ assets and liabilities;

25 G. Confirm the parties’ respective sole and separate assets;

26 H. Order that each party pay all debts incurred by him or her, respectively,

27 from the date this Petition is served;

28 I. Order each party to pay their own attorneys’ fees and costs; and 310 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

J. Order such other and further relief as this Court deems appropriate.

DATED: October 20, 2014.

STATE OF ARIZONA

County of Maricopa

Petitioner Matthew J. Kelly, being first duly sworn upon oath, states that he is the Petitioner in the above-entitled matter; that he has read the foregoing Petition and that the

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Matthew J. Kelly Petitioner

same is true, correct and complete to the best of his knowledge and belief.

SUBSCRIBED AND SWORN to before me this 20th day of October 2014, by

Matthew J. Kelly.

My Commission Expires:

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Matthew J. Kelly

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Notary Public

0m SEN. LISA PIJSKO

MARICOPA COUNTY m Comm. mm 16. 2015

Melanie Kelly vs Matthew Kelly response

melanie_kelly_response_divorce

Melanie M.‘ Kelly _ ‘1633 W. Manor Street Chandler, AZ 85224 (480) 221-0084 melk.pa@cox.net

In re the Marriage of:

MATTHEW J. KELLY, Petitioner,

and

MELANIE M. KELLY, Respondent.

352.

MICHAEL K. JEANES Clerk of the Superior Court By Margaret Carpenters-beret! Date 11/14/2014 Time 12:0£.:52 Description Wt -———-~- 8338: Emma—095670 —-—-—«—-— M) N . .HNS:DIU.U/BHILD ANS 269.00

Tflifil. WT 269.00 Receipt“ 24164955

[N THE SUPERIOR COURT OF THE STATE’OF ARIZONA IN AND FOR THE COUNTY OF MARICOPA

No. Fozow—oqsmo RESPONSE TO PETITION FOR DISSOLUTION OF NON-COVENANT MARRIAGE

(With Children)

Respondent Melanie M. Kelly, responds to the Petition for Dissolution of Non- Covenant Marriage (With Children) filed by Petitioner Matthew J. Kelly, and admits, denies, Objects, oraffirmatively alleges as follows:

1. Respondent admits the allegations contained in paragraph 1 of the Petition.

2 Respondent admits the allegations contained in paragraph 2hof the Petition.

3 Respondent admits the allegations contained in paragraph 3 of the Petition.

4. Respondent admits the allegations contained in paragraph 4 of the Petition.

5 Respondent admits the allegations contained in paragraph 5 of the Petition. Respondent affirmatively alleges that she has complied, or will comply prior to the entry

of a decree of dissolution, with the domestic relations education provisions of A.R.S. § 35-

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Respondent admits the allegations contained in paragraph 6 of the Petition. I Respondent admits the allegations contained in. paragraph 7 of the Petition.

Respondent admits the allegations contained in paragraph 8 of the Petition.

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Respondent admits the allegations contained in paragraph 9 of the Petition.

10. Respondent admits the allegations contained in paragraph 10 of the Petition.

11. Respondent admits the allegations contained in paragraph 11 of the Petition.

12.1 Respondent admits the allegations centained in paragraph 12 of the Petition.

l3. Respondent admits the allegations contained in paragraph 13 of the Petition.

WHEREFORE, based upon the foregoing, Respondent respectfully requests that the Court:

A. Order that the marriage between the parties be dissolved, and the parties restored to the status of single persons;

B. Award both parties joint legal custody of the parties’ minor children in accordance with the agreements of the parties set forth in a written parenting plan to be submitted to the Court and suchother provisions determined by the Court to be in the best interests of the children;

C. Award essentially equal parenting time in accordance with the written

parenting plan to be submitted with the final Decree or Judgment, or alternatively in the

best interests of the children;

D. Order that, unless circumstances materially change, neither party is awarded child support;

E. Order that neither party is awarded spousal maintenance;

F. Order the equitable division of the parties’ assets and liabilities;

G. Confirm the parties’ respective sole and separate assets;

H. Order that each party pay all debts incurred by him or her, respectively, from the date Respondent accepted service of the Petition; I. Order each party to pay their own attorneys’ fees and costsincurred herein;

and

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J. Order such other and further relief as this Court deems appropriate. DATED: 6 , 2014.

Wm 1mm Melanie M. Kelly 0 Respondent STATE OF ARIZONA )

) 55. County of Maricopa )

Petitioner Melanie M.. Kelly, being first duly sworn upon oath, states that she is the Respondent in the above—entitled matter; that she has read the foregoing Response to Petition for Dissolutionof Non—Covenant Marriage (With Children) and that the same is true, correct and complete to the best of her knowledge and belief.

Vii/lilmm (/04. Win

Melanie M. Kelly 0

SUBSCRIBED AND SWORN to before me this Q day of flflvembefij ,

2014, by Melanie M. Kelly. @9me (ta/clam

Notary Public

My Commission Expires:

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OFFICIAL SEAL PAMELA J. TIRPAK Notary Public Arizona

5 MARICOPA COUNTY My Commission Explres

JANUARY 31, 2016