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Filing the Complaint for Divorce - the Process

Mar 14, 2016 @ 04:27 PM — by Michael Green

Filing the Complaint for Divorce - the Process.  When you first begin the process of divorce, the first thing that must occur is the filing of the complaint for divorce.  The Court will assign you a docket number with the complaint.  In the complaint, the filing party pleads their cause of action, what is the basis for the divorce.  Commonly, the cause of action is irreconcilable differences, which essentially under the statute means that the parties have not been getting along for at least six months prior to the filing of their complaint.  There are other causes of action as well, some no-fault others claiming fault, e.g. adultery.  Regardless, in the complaint you also have to please the jurisdictional requirements in order for the court in New Jersey to have jurisdiction over your case, which is for the filer or the other party to have lived in the State of New Jersey for at least one year prior to the filing of the complaint.  You also have to identify how long you have been married, if there are children of the marriage, if either party has been previously divorced and if there have been other proceedings regarding the marriage or its dissolution.  If there has been for example the filing of a domestic violence complaint, that must be listed.  If the parties have previously filed for divorce and dismissed their action, that must be listed as well.  In the wherefore clause, the party filing, the plaintiff, must state what relief is being requested, e.g. alimony, child custody, child support, equitable distribution of property, attorney's fees. If you wish to file your New Jersey divorce complaint, contact Green & Associates for a free consultation at 732-390-0480 or 201-242-1119 in our East Brunswick or Fort Lee offices.

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