Preparing Your Divorce Complaint

The complaint is the document that begins your case and presents your
situation to the court. The complaint also contains what you are asking
the court to order. This is called legal relief.
Information Required by the Court
The following is a short list of the information that should appear in your
complaint.
The names and addresses of you and your spouse. (See
paragraphs 1 and 6 on the complaint.) Note to victims of domestic
violence: If you are hiding from your spouse because you are afraid,
you do not hae to write your street address and phone number in the
body of the complaint
! If you are afraid to disclose your address, you will need to proide
a post office bo" number or an alternatie address where you can
receie mail. #ou should consider obtaining this alternatie address
through the $ew %ersey &ddress 'onfidentiality (rogram (&'(), which
is a program designed to help ictims of domestic iolence who hae
relocated for their safety. The program limits the abuser)s access to
information that would reeal the ictim)s new location and allows the
ictim to receie first*class mail by way of the $ew %ersey +epartment of
'ommunity &ffairs. ,or further information about the &'( or to register
for the program, call 1*-..*/1-*0111 or isit the $ew %ersey 'oalition
,or 2attered 3omen4s 3eb site. #ou may also register as a participant
in the program by contacting your county domestic iolence program.
,or the address or phone number of your county domestic iolence
program, call the $ew %ersey 'oalition for 2attered 3omen at 1*6!0*
5-6*-1!. or isit the 'oalition 3eb site or $ew %ersey)s +omestic
7iolence (rograms by 'ounty (from the $% +epartment of 'ommunity
&ffairs +iision on 3omen). #our alternatie address goes on the top of
the complaint so that the court can contact you. +epending upon the
particular facts of your case, the court rules will re8uire you to file your
complaint in a county where you or your spouse now lies. (See Filing
the Complaint With the Court.) If the rules re8uire you to file your
complaint in the county where you now lie and you don)t feel safe een
haing your spouse know which county you lie in, you should apply for
an alternatie address through the &ddress 'onfidentiality (rogram
described aboe.
1 The date of your marriage.
! The reason you are seeking or grounds on which you are basing a
diorce. If you are seeking a no*fault diorce, you must state the date
you and your spouse began to lie separately, and where you lied
when you separated. If you are seeking a fault diorce based on
e"treme cruelty, you must describe the acts of cruelty on which you are
basing your complaint. 9ist the dates of all acts of abuse that occurred
from the day you were married until the date that is three months before
you sign and date your diorce complaint.
'onfirmation that you hae met the one*year residency
re8uirement.
3here you lied when you had been separated from the defendant for
1- months or when the defendant committed acts of cruelty against
you or when you and the defendant had e"perienced irreconcilable
differences for a period of si" months
! The names and ages of any children.
& list of any prior court actions between you and your spouse in $ew
%ersey or in any other state where you lied:this could include court
orders for adoption of children, child support, custody, isitation, or
domestic iolence restraining orders. ;ake sure to include the docket
numbers of those court actions.
The relief you seek besides the diorce, such as custody, parenting
time, alimony<spousal support, child support, or permission to use
another name.
Remember: This is an important part of your complaint. If there is
anything that you want the court to order as a part of your diorce, you
must make a general re8uest for it in this section of your complaint. ,or
e"ample, if you are seeking spousal support or child support, you do not
need to specify a dollar amount, but you do need to let the court know
that you are re8uesting support. #ou and your spouse will agree to the
specific amount in a settlement agreement or the =udge will make a
decision later.
&t the end of the complaint) is an additional statement, called a
Certification of Verification and Non-Collusion, which you must sign.
It states that you are making your complaint in good faith, that all the
claims are true, that there are no other pending actions inoling your
marriage, and that no other people need to be included in this case.
$ow is a good time to reiew all of the documents you gathered
together relating to your marriage to help you decide what legal relief
you will be asking for in your complaint.
Source>
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