To be able to divorce your spouse, in New Jersey, and pursuant to the law in this state, you must be able to meet the following requirements:
- Either party is a resident of the State of New Jersey when the Complaint is filed and Service is effectuated on the Defendant within New Jersey, per the rules of court; and
- Certify to the Court that you experienced one of the enumerated “causes for divorce from bond of matrimony,” which include, but are not limited to, irreconcilable differences, adultery, extreme cruelty or separation for a period of at least 18 months.
Within the Complaint for Divorce, you will provide the context of your marriage, including the date and location of your marriage and the type of ceremony, i.e., religious or civil. You would also provide the Court with the names and birthdates of your children, born of the marriage, if any. The Complaint will also provide the Court with the list of you are seeking as part of a final resolution. These may include:
- Division of real and personal property obtained during the marriage
- Establishing support obligations between your spouse and yourself, including alimony or child support
- Establishing a custody and parenting time arrangement
- Resumption of maiden name
- Reimbursement of counsel fees and cost;
- Anything else the Court deems equitable and just.
Arguably, if you do not ask for something in your Complaint, and your case goes to Trial, you may not be entitled to secure such relief at a future date, absent an amendment to the pleading or exceptional circumstances. Drafting a Complaint, and including all the necessary elements, requires careful attention to detail and should be drafted by a skilled matrimonial attorney. Contact Kenneth A. White, Esq. or Lauren A. Miceli, Esq. to discuss the relief you are entitled to upon the conclusion of your divorce and to ensure you are adequately requesting same within your New Jersey Divorce Complaint.