Dear Cassie: Can you explain in general the divorce process? What is a divorce complaint?
-K.C.
Dear K.C.:
A divorce action is a lawsuit. A divorce complaint is the document which is signed by the person who is filing for divorce. This document is filed with the clerk of the court to initiate the divorce process. The complaint will define in very general terms what relief the person who filed it is asking the court to grant in conjunction with the divorce. For example, in addition to including a request that the court dissolve the marriage, the complaint could include a request for alimony, child support, or equitable distribution of property.
Once a complaint is filed, it starts a court process, whereby the court will hold case management proceedings to determine and monitor what discovery is needed by either party. The court will also require the parties to attend settlement conferences in an effort to amicably resolve the issues in dispute. If they cannot, the matter will be listed for trial. In addition, either party is free to file a motion with the court if he or she needs relief from the court before trial. Examples include motions for financial support, or to address interim parenting time arrangements.
If you are contemplating filing for divorce, you should seek the advice of matrimonial counsel.
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Cassie Murphy is a divorce and family law Partner with the Law Offices of Paone, Zaleski & Murphy, with offices in Red Bank and Woodbridge.
