IN THE CIRCUIT COURT OF THE 18™ JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY, FLORIDA. INRE: THE MARRIAGE OF CASENO: se. 8 t a NANCY ST. GEORGE, a3 = 3 = Petitioner, Tom Ur vs. y a a JAMES ST. GEORGE, IL ee 05- . — 200 DIC- Yo S100 Respondent. ii PETITION FOR DISSOLUTION OF MARRIAGE Petitioner, NANCY ST. GEORGE, by and through her undersigned attorney and hereby files this Petition for Dissolution of Marriage from the Respondent, JAMES ST. GEORGE, Il, and in support alleges as follows: 1. This is an action for dissolution of the bonds of marriage between Petitioner and the Respondent, 2. The Petitioner has been a resident of the State of Florida for more than six ‘months next prior to the filing of the instant Petition. 3. Both parties are over 18 years of age and neither party is in the military service of the United States. 4, The Petitioner and Respondent were married to each other on June 27, 1999 in Jupiter, Florida, 5. The marriage between the parties 6. The parties are presently separated from living together as Husband and Wife due to the recent aggravated assault, domestic violence that occurred in their home iretrievably broken. on February 11, 2005. 7. There has been one (1) child born as issue of the marriage between Petitioner and Respondent, to wit: James St. George III, born April 5, 2000 Case #: _05-2005-DR-022015-1000-%K Document Page #: 2 | N 000537 090067611,8. The minor child, James St. George III, who is the subject of a pending domestic action, is not the subject of a juvenile dependency action. 9. The Petitioner presently has the primary residential responsibility for the minor child bom of the parties' marriage. 10. Petitioner and Respondent should not share the parental responsibility of the minor child born of the parties’ marriage due to the recent domestic violence that occurred in the marital residence in the presence of the child. Respondent should only have supervised visitation with the minor child and has already threatened to take the child from the Petitioner. 11, The minor child of the parties have resided with the Petitioner and Respondent during the past five (5) years at the addresses set forth below: Birth until age 2 Syracuse, New York With both parents Age 2 to 3 ‘Mt. Laurel, New Jersey With both parents Age3 to 2/11/05 6435 Genoa Trail With both parents, Melbourne, FL 32940 2/11/05 to present 6435 Genoa Trail With the Petitioner/Mother Melbourne, FL 32940 12, Petitioner has not participated as a party or witness or in any other capacity in any other litigation concerning the custody of the minor children bom as issue of her marriage to Respondent, JAMES ST. GEORGE I, in this or in any other State ‘except for the pending case for aggravated assault/domestic violence filed under Case No: 05-2004-CF-48273-XXXX-XX. Petitioner has no information of any custody proceeding concerning said minor child or any persons who claim to have custody or visitation rights with respect to said child. 13, Petitioner is a fit and proper person to have the primary residential responsibility for the minor child born of the parties’ marriage, both temporarily and permanently, with specified rights of supervised visitation being vested in the Respondent. 14, Respondent, JAMES ST. GEORGE II, is gainfully employed and is well able to provide financial support for the minor child of the parties, both temporarily and permanently. ‘The Petitioner is a stay at home Mother as the minor child is a special needs, handicapped child and requires her full time care. 00053815. The Petitioner and the minor child need, and the Respondent has the ability to provide medical, hospitalization, doctor and dental insurance, temporarily and permanently. 16, Respondent has life insurance on his life and should be required to name Petitioner and the parties’ minor child as beneficiaries thereunder in order to secure his, child support and alimony obligations. 17. Respondent is able-bodied, employed and able to contribute to the support of Petitioner. Petitioner has insufficient funds to support herself without Respondent's, assistance, considering the standard of living established during the marriage as well as, the other factors set forth in Florida Statute 61.08 (1991). Petitioner needs alimony, both temporary and permanent, including rehabilitative, permanent periodic and lump sum alimony. 18. The parties have acquired certain assets during the marriage, including but not limited to, the marital residence. In addition, the claims an interest in the Respondent's pension plan, savings plan, deferred income plan, and any other plan the may have through his employer. ‘The Petitioner requests a determination from the Court for an equitable distribution of these assets, and the liabilities of the parties. 19, Petitioner is in need of the exclusive possession, use and occupancy of the parties' marital residence, together with all of the furniture, furnishings and appliances located therein in order to provide a honie place for herself and the minor child of the parties, temporarily and permanently. The Petitioner is also the primary residential parent of her minor child from her previous marriage that resides with her at the residence 20. Petitioner and Respondent own the residence located at 6435 Genoa Trail, Melbourne, Florida. Petitioner needs and requests that the Court award her said property as lump sum alimony or alternatively, as an equitable distribution of the parties’ jointly owned property. 21. Petitioner and Respondent have acquired various items of real and personal property during the marital relationship. lll of said property was acquired by the joint efforts of the parties during the marriage; however some of said property is titled in the joint names of the parties and some in the name of Respondent solely. Said ; 000539property specifically includes but is not limited to, the marital residence, automobiles, et cetera. ‘Said properties including any and all assets titled in the name of the Petitioner and the Respondent, jointly or individually, whether specifically known to the Petitioner or discovered hereafter to be marital property should be equitably distributed by this Court. 22. Petitioner is in need of the exclusive possession, use and ownership of the 2003 Acura MDX automobile in order to provide transportation for herself and the minor child of the parties. Petitioner requests that the Court confirm her ownership of said vehicle, 23. Petitioner claims certain items of personal property located in the marital residence as her independent property and requests this court to confirm her ownership of same, 24, The parties have incurred certain debts during the course of their marriage for marital necessities. Petitioner is financially unable to pay for any portion of these debts, whereas Respondent is financially well able to pay for same. Petitioner requests this Court to order the Respondent to assume financial responsibility for all debts incurred during the parties’ marriage. 25. The Respondent, JAMES K. ST. GEORGE, has been involved with and has been having an affair with a younger woman with whom he works with for some time. Petitioner is concerned that the Respondent may attempt to hide assets through his girlfriend, 26. Inthe event the parties enter into a Marital Settlement Agreement or a Separation Agreement, Petitioner requests this Honorable Court approve and incorporate any Agreement entered into by the parties into any Final Judgment entered in this cause. 27. Petitioner has been physically abused by the Respondent. Respondent has mentally, verbally and physically abused the Petitioner in the recent past in front of her ‘two (2) minor children by holding her hostage with a knife to her throat. Respondent has been arrested for aggravated assault, domestic violence and charged with a third degree felony. Respondent has threatened Petitioner and engaged in a course of conduct that causes the Petitioner to be in fear for her safety as well as the safety of her minor children. Petitioner requests that this Court enter a restraining order against the 000540Respondent, restraining him from coming about, harassing, or in any way bothering the Petitioner at her place of residence or any other place of the Petitioner's presence. 28. Since the time the Respondent was released from jail on February 12, 2005, Respondent has already taken steps to cancel her cellular phone service and may attempt to cancel other utilities at the marital residence since he is not allowed to reside there at this time. Petitioner needs the home to live in and needs to utilize the utilities, therein to provide a place for herself and her minor children to reside. Petitioner requests that this Court enter an Order refraining the Respondent from canceling or removing any of the utilities at the marital residence throughout the pendency of this action, thereby requiring him to continue being financially responsible for the payment of same, including but not limited to the mortgage payment, electricity, water, garbage and telephone bills associated with said residence. 29. Petitioner is concerned that Respondent will remove, conceal or otherwise dissipate marital assets from the residence and from accounts in the parties’ names unless otherwise directed and/or restrained to do so by this Court. Petitioner requests that this Court enter a restraining order restraining Respondent from removing, concealing or otherwise dissipating any and all marital assets in the marital residence and/or in Respondent’s possession until this matter can come before this Court for an equitable distribution of said property. 30. Petitioner believes that the Respondent may attempt to remove the minor child and take him out of the State where she may no know where to locate him. Petitioner requests that this Court enter a restraining order prohibiting the removal of the child, JAMES ST. GEORGE III, from Brevard County, Florida by either party in this action until further order of the Court. 31. Petitioner has employed the services of the undersigned attomey to represent interests in this action but is without sufficient means to provide for payment of attorney's fees or the costs of this action, whereas Respondent is well able to pay the costs of Petitioner's attorney's fees and costs. Petitioner reserves the right to seek fees pursuant to F.S, §61.16 and Diaz v. Diaz, etc. 000541WHEREFORE, Petitioner requests this Court to enter a Final Judgment of Dissolution of Marriage and grant the following relief: A. To accept jurisdiction of this cause and the parties hereto. B. To dissolve the marriage between the parties. C. Toaward Petitioner the sole parental responsibility of the parties’ minor child, D. To award the primary residential responsibility of the parties’ minor child to Petitioner, both temporarily and permanently, with Respondent having specified rights of supervised visitation. E. To order reasonable child support to be paid by Respondent, temporarily and permanently. F. To order Respondent to maintain medical, hospitalization, doctor and dental insurance, for the benefit of the minor child, temporarily and permanently. G. Toorder Respondent to maintain life insurance on his life, for the benefit of Petitioner and the parties’ minor child, temporarily and permanently. H. To award just, reasonable, and equitable amounts to be paid for temporary support, alimony and attorney's fees to be paid to the attorney for the Petitioner, and that upon final hearing, permanent, rehabilitative and lump sum alimony be awarded to Petitioner, together with attorney's fees and the costs of this action. 1. To award to Petitioner the exclusive possession, use and ownership of the parties’ marital residence, both temporarily and permanently. J. Tomake an equitable distribution of the personal and real property acquired during the marriage. K. To award to Petitioner the exclusive possession, use and ownership of the 2003 Acura MDX automobile, both temporarily and permanently. L. To confirm Petitioner's ownership of certain items of personal property. M. To order Respondent to assume liability for the debts incurred during the parties’ marriage. N. _ Toaward Petitioner the attorney's fees and costs associated with these proceedings. 0005420. Torestrain Respondent from disposing of, concealing or dissipating any assets in his name individually or in the parties’ joint names. P. _ Toeenter a restraining order preventing the Respondent from coming about, molesting, harassing or in any other way bothering the Petitioner at her residence, employment or any other place of Petitioner's presence. In addition, Respondent has already stopped the delivery of the mail to the marital residence which includes mail delivered personally to the Petitioner. Respondent should be restrained from canceling the mail delivery at the residence until further order of this Court, Q. — Toenter an order preventing the Respondent from canceling or otherwise removing the utilities at the marital residence and order Respondent to continue being financially responsible for the payment of same throughout the pending of this matter. In addition to canceling the Petitioner’s cellular phone on February 14, 2005, the Petitioner has been advised that the Respondent canceled the delivery of the mail to the residence with Petitioner’s knowledge or consent. ‘The Petitioner receives mail at the residence and requests that the Respondent be refrained from canceling anything related to the residence through the tendency of this action. R. Toenter a restraining order, without notice, granting Petitioner custody of the minor child until a hearing is held on this matter, and entering a temporary order during the tendency of this cause preventing Respondent from removing the minor child from Petitioner's custody. S. To grant such other and further relief as this Court deems just and appropriate under the circumstances. I declare under penalty of perjury that the foregoing is true and correct and that, this declaration is executed on this__day of February, 2005. 000543STATE OF FLORIDA COUNTY OF BREVARD. I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared NANCY ST. GEORGE, to me known to be the person described in and who executed the foregoing instrument and she acknowledged before me that she executed the same and who did take an oath. WITNESS my hand and official seal in the County and State last aforesaid this 15" day of February, 2005. Fou# SZ 2022000 SF beet 2 feiss tune Botig Oa, Tas RICHARD J. FEINBERG, ESQUIRE 503 Fifth Avenue, Suite 202 Indialantic, Florida G21) 951/545 Florida Bar No: 347612 Attomey for Petitioner 000544