Maria Concepcion Perez vs. Pedro Gomez: Divorce Proceedings

Maria Concepcion Perez vs. Pedro Gomez

Regular Civil Trial

Necessary Divorce

File: 02/09

Initiation

C. First Judge of the Family

This

Maria Concepcion Perez, a Mexican adult, pointing to the address for service of notices as Calle 5 de Mayo no. 1897, Col. Delicias, in this city, respectfully appears to exhibit:

Hereby, I go to promote the incompetence of C. Chief Judge of the Family of First Instance by inhibiting, to hear the ordinary civil trial for necessary divorce that my husband, Pedro Gomez, has promoted against the undersigned.

I base my promotion on the following facts and legal arguments:

Facts

I. On the eighteenth day of March, two thousand five, I married the defendant under the regime of conjugal partnership, as credited with the certified copy of the marriage certificate attached to this demand.

II. In our marriage, we procreated two children, Mary Ann and Alexander, both of surnames Gomez Perez, as credited with certified copies of their birth certificates. Such children were born in this city of Tuxtla Gutierrez, Chiapas, on June twenty, two thousand six, and fourteen of December, two thousand seven, respectively.

III. The matrimonial home is established at Calle 5 de Mayo no. 1897, Col. Delicias, in this city.

IV. During our marriage, we have acquired the house where we have the marital home and the household which is furnished with the said house, and a car from Honda, DPP-765 Plate, model 2005, which is in the power of my husband.

V. It is the case that, without justification, from the thirtieth day of February, two thousand nine, the defendant left the marital home and now lives in the home that has been pointed to for its location.

Right

I. The bottom line is enshrined in articles 266, 267 Section VIII, 283, and other related Federal Civil Code.

II. The procedure is governed by the provisions of title six of the Civil Procedure Code, with respect to the ordinary civil trial.

III. His lordship has jurisdiction of this trial, since the address of the abandoned spouse is within its jurisdiction, in terms of Section XII of Article 156 of the Federal Code of Civil Procedure.

Proof

a) Confessional, by the defendant, the wording of the positions will eventually be formulated. Request was acknowledged through the C. Actuary assigned to the H. Court to appear personally to absolve the respective positions on the day and time to be stipulated, a subpoena be declared admitted if he fails to appear without just cause. This test relates to all and each of the facts of the application.

b) Public Documents, consisting of a certified copy of the marriage between the defendant and the undersigned (Annex 1). This test relates to all and each of the facts of this application.

c) Documentary, consisting of a copy of the agreement signed by the defendant and today (Annex 2). This test relates to fact 1 of this document.

d) Testimonial, in charge of Mr. Roberto Jordan Cantoral and Mr. Villatoro Pavon Dulce, whom I will provide the day and time that are brought for that purpose. This test relates to all the points of application.

e) Apparatus of Actions, in everything that favors my interests.

f) Presumptional, legal and human, in the same terms of the proofs above. The previous test is the relationship with each and every one of the facts of the application.

For these reasons, YOU C. JUDGE, I sincerely ask:

First: Consider me filed under the terms of this letter, demanding the benefits outlined in the preface.

Second: To order the provisional measures indicated in Articles 271 and 278 of the Civil Code.

Third: Order giving notice to the defendant.

Protest as Required

Tuxtla Gutierrez, Chiapas., October 28, 2003.