The Divorce Complaint

The first step in a divorce is filing a divorce complaint. The divorce complaint may be filed by the plaintiff or his or her divorce lawyer. This gives the court legal authority over the parties. The divorce complaint officially states the plaintiff's case to the court and the defendant. Most states offer pre-printed forms, which can be used as the divorce complaint. These pre-printed divorce complaint forms may be ordered online or obtained in person at the local court house (1).

Contents of the Divorce Complaint

The divorce complaint serves various essential functions. Firstly, the divorce complaint identifies the parties which are involved in the divorce action. The complaint lists important information about the parties, such as addresses and length of time living in the state in which the divorce action is being filed. The court uses this information to determine if it is the proper venue to hear the divorce case (1). Most states have a minimum residency requirement in order to file for a divorce. For example, California requires at least one of the spouses to have lived in the state for the last six months (2).

The divorce complaint will also set out the important facts underlying the divorce action. Some of these facts include date and location of marriage. The divorce complaint must also include the names and birthdays of any children of the marriage. Location of where the parties last lived together and the date and cause of marital separation will also be stated in the divorce complaint (1).

The amount of detail required on a divorce complaint may vary with each state. The complaint must establish a basis for a divorce, however each state has its own laws governing what constitutes sufficient basis. It may be necessary to consult a divorce lawyer in order to help determine the requirements in a specific jurisdiction (1).

Lastly, the divorce complaint must include a request for relief. This states exactly what the plaintiff is asking from the court. This includes a request to dissolve the marriage through divorce, as well as, requests involving child custody, spousal support, and division of property (1).

Amending a Divorce Complaint

Many times after filing a divorce complaint, the plaintiff may wish to change the content of the document. For example, this may include a plaintiff who had initially asked for full custody of a child, but then subsequently agreed to a split custody agreement. Most states allow the plaintiff to amend the divorce complaint within a specified time period. However, after this time period, the plaintiff must usually obtain the permission of the court or the defendant to amend the divorce complaint (1).

Joint Petitions for Divorce

Some states allow spouses to file a joint no-fault petition for divorce. In a joint petition for divorce, neither parties are considered the plaintiff or the defendant. Instead, both parties are recognized as co-petitioners. Many states have special procedures for those filing a joint petition for divorce. Consulting the advice of a competent divorce lawyer may help with navigating through a specific state's procedures for a joint petition for divorce (1).

Many times a divorce can be straight-forward, especially in an uncontested divorce. In this case, a person may be able to file a divorce complaint without any help. Many of the necessary forms can be ordered online or obtained at the local court house. However, in more complicated divorce cases, such as those involving children, finding a divorce lawyer may be the best option.


Sources:

(1) Family Law for Paralegals by J. Shoshanna Ehrlich, published in 2005.
(2) California Courts: Self-Help Center: http://www.courtinfo.ca.gov/selfhelp/family/divorce/residency.htm