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


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— W» ——

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In re the Marriage of:




and (With Children) MELANIE M. KELLY,



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)



10 11 12 13 14 15 16 17


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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


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.


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.


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


Notary Public


MARICOPA COUNTY m Comm. mm 16. 2015