Divorce Complaint

Once you’ve made the personal decision to get divorced, it is time to start the legal proceedings.  Divorce proceedings begin when one spouse files a complaint for divorce with the court.  A bill of complaint for divorce is an important document that can significantly affect the outcome of your divorce.  Therefore, it is important to understand divorce complaints before filing for divorce.

Elements of a Complaint for Divorce

There are both procedural and substantive elements of a divorce complaint form.  Procedurally, your divorce complaint form must contain the formal court caption for your case and meet all of the procedural elements that are required in your state.  If you have children, you will likely need to include their names and birthdates in your divorce complaint.  Additionally, the complaint for divorce must be signed and dated.

Substantively, the divorce complaint form must explain the court’s jurisdiction to hear your case, your grounds for divorce and the specific relief that you seek from the court in connection with the dissolution of your marriage including how you want your property distributed and requested alimony and child support.

Filing a Bill of Complaint for Divorce

Once you file a bill of complaint for divorce, then your legal divorce case has begun.  Your spouse will have an opportunity to answer the complaint.  After that you will engage in settlement negotiations or legal hearings to determine the specific provisions of your final judgment of divorce.

Hiring Divorce Attorney When Filing a Divorce Complaint

Your divorce complaint makes your request for relief.  If you do not request certain relief, such as alimony, or the right to retain ownership of the family home, then you will likely not receive it in your final divorce judgment.  A divorce attorney can draft your divorce complaint to protect all of your rights and maximize your chances of obtaining a favorable divorce judgment.