Fill and Sign the Complaint for Annulment of Marriage Form

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA FAMILY COURT Domestic Relations Branch PRINT YOUR NAME STREET ADDRESS CITY , STATE AND ZIP CODE _______DRB _________________  SUBSTITUTE ADDRESS: CHECK BOX IF YOU HAVE WRITTEN SOMEONE ELSE ’S ADDRESS BECAUSE YOU FEAR HARASSMENT OR HARM . PLAINTIFF, v. PRINT YOUR SPOUSE ’S NAME STREET ADDRESS CITY , STATE AND ZIP CODE DEFENDANT. COMPLAINT FOR ANNU LMENT OF MARRIAGE Action Involving Child Support  yes  no I, _________________________________, am the Plaintiff in this case and state that PRINT YOUR NAME 1. This Court has the authority to decide my request for annul ment and related issues because: [CHECK ALL THAT APPLY ]  I am currently a resident of the District of Columbia.  My spouse and I were married to one another in the District of Columbia. JUDGE: _____________________ D.C. Bar Pro Bono Center (revised 03/2019) Complaint for Annulment of Marriage - Page 1 of 9 2. My spouse and I were married: [C HECK ONE ]  by ceremony on ______________________, in ___________________ ___________. D ATE C ITY AND STATE  by common law on or about ___________________, in _______________________. D ATE C ITY AND STATE 3. My marriage should be annulled because: [C HECK ALL THAT APPLY ]  at the time I married my spouse, one of us was already married to someone else.  at the time I married my spouse, one of us was insane, and we did not v oluntarily continue to live together as spouses after I learned of the insanity.  I married my spouse as a result of my spouse’s force or fraud.  at the time I married my spouse, I was under 16 years old, and we did not v oluntarily continue to live together as spouses after I turned 16 years old. 4. I state the following with regard to my married name: [C HECK ONE ]  I did not change my name when I married my spouse.  I changed name when I married my spouse. I do not wish to return to a former name.  I changed my name when I ma rried my spouse and I now wish to return to my birth name or another legal name I use d before my marriage. I have no illegal or fraudulent reason for making this request. The former name I want restored is: PRINT NAME YOU WOULD LIKE THE COURT TO RESTORE Marital Property & Marital Debt 5. I state the following about property from my marriage: [C HECK ONE ]  My spouse and I have no marital property.  My spouse and I may have marital property, but I am not asking the Court to divide or distribute it.  My spouse and I have a written agreement resolving all of our marital property issues and I am not asking the Court t o divide or distribute any marital property. D.C. Bar Pro Bono Center (revised 03/2019) Complaint for Annulment of Marriage - Page 2 of V  My spouse and I have marital property that I am asking the Court to divide or distribute, and I have complete d and attached the additional information required on Attachment A, which I incorporate into this Complaint.  I am not sure if my spouse and I have marital property. 6. I state the following about debt from my marriage: [C HECK ONE ]  My spouse and I have no marital debt.  My spouse and I may have marital debt, but I am not asking th e Court to assign responsibility for it.  My spouse and I have a written agreement resolving all of our marital debt issues and I am not asking the Court to a ssign responsibility for it.  My spouse and I have m arital debt that I am asking the Court to assign responsibility for, and I have completed and att ached the additional information required on Attachment A, which I incorporate into this Complaint.  I am not sure if my spouse and I have marital debt. Alimony 7. I state the following about my need for temporary financial support from my spouse until the time the Court grants my Annulment: [C HECK ONE ]  I need temporary financial support and will file a separate m otion (“Motion for Temporary Alimony”) asking the C ourt to grant this request.  I do not want temporary financial support at this time. 8. I state the following about alimony: [C HECK ONE ]  I need alimony from my spouse and I believe my spouse has the ability to pay alimony to me.  I do not want my spouse to pay alimony to me. D.C. Bar Pro Bono Center (revised 03/2019) Complaint for Annulment of Marriage - Page 3 of 9 Custody 9. I state the following about our child(ren) who are under the age of 18: [C HECK ONE ]  My spouse and I do not have any children together (through birth or adoption) who are under the age of 18.  My spouse and I do have children together (through birth or adoption) who are under the age of 18, but I am not aski ng the court to decide custody at this time.  My spouse and I do have children together (through birth or adoption) who are under the age of 18, and we have a written agreement about custody and I am not asking the court to decide custody at this time.  My spouse and I do have children together (through birth or adoption) who are under the age of 18, and I am asking t he court to decide custody. I h ave completed and attached the additional information requi red on Attachment B, which I in corporate into this Complaint. Child Support 10. My spouse has the legal obliga tion to contribute to the support of our child(ren) who are 21 years old or younger or wh o are adult disabled children. 11. I state the following about my request for child support: [C HECK ONE ]  My spouse and I do not have any children together (through birth or adoption) or our children together ar e over the age of 21 years and are not adul t disabled children.  My spouse and I do have children together (through birth or adoption), but I am not asking the Court to award child support at this time.  My spouse and I have an agreement regarding child support, and that agreement is consistent with the Child Support Guideline of the District of Columbia and/or it is fair and just.  I am asking the Court to award child support, and I have completed and attached the additional information require d on Attachment C, which I incorp orate into this Complaint. D.C. Bar Pro Bono Center (revised 03/2019) Complaint for Annulment of Marriage - Page 4 of V Attachments 12. I have included the following attachment(s): [C HECK ALL THAT APPLY ]  No attachments  Attachment A (Marital Property, Debt or Alimony)  Attachment B (Chil d Custody)  Attachment C (Child Support) / I do  do not  know of any proceedings in the District of Columbia or in any state or as this case. Please list s territory involving the same claim or subject matter as this case. Pl docket number for cases involving the same claim or s ubject matter. Court Case Number Case Type 13. D.C. Bar Pro Bono Center (revised 03/2019) Complaint for Annulment of Marriage - Page 5 of V Request for Relief I RESPECTFULLY REQUEST that the Court: [C HECK ALL THAT APPLY ]  Grant me an Annulment.  Divide marital property and/o r assign marital debts in a manner that is equitable, just and reasonable.  Award alimony in a manner that is fair and just.  Award custody in the best int erests of the child(ren).  Hold a hearing on my request for child support within 45 days of filing and issue a Notice of Hearing and Order Di recting Appearance (“NOHODA”) to the other parent with the date and time of the hearing.  Award child support according to the Child Support Guideline of the District of Columbia and other applicable laws, including: [CHECK ALL THAT APPLY ]  current child support (support starting today and continuing into the future)   retroactive child support (support for time before today) medical support  Note that we have a written a greement. I request that the Court: [C HECK ONE ]  include our written agreement as a part of its order.  not include our written agreement as a part of its order.  Restore me to my former name. I ALSO REQUEST that the Court aw ard any other relief it considers fair and proper. D.C. Bar Pro Bono Center (revised 03/2019) Complaint for Annulment of Marriage - Page 6 of V I declare under penalty of perjury that the foregoing is true and correct. If this doc ument is to be signed outside the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States, additional requirements must be met prior to signing. See Super. Ct. Dom. Rel. R. 2(c)(1)(B). ____________________________________ SIGN YOUR NAME ____________________________________ PR INT YOUR NAME ____________________________________ HOME ADDRESS 1 ____________________________________ HOME ADDRESS 2  SUBSTITUTE ADDRESS: CHECK BOX IF YOU HAVE WRITTEN S OMEONE ELSE’S ADDRESS BECAUSE YOU FEAR HARASSMENT OR HARM. ____________________________________ DATE ____________________________________ PHONE NUMBER ____________________________________ EMAIL ADDRESS D.C. Bar Pro Bono Center (revised 03/2019) Complaint for Annulment of Marriage - Page 7 of 9 Serv ice of Your Complaint : Domestic Relations Rule 4 You start a case by filing papers called a complaint at the Family Court Central Intake Center. When you file a complaint , the Family Court Central Intake Center will give you a summons. A summons is a paper that you must give to the person you are filing against. The person you file against is called an opposing party or other party . You must make sure that the opposing party gets a copy of the summons and your complaint and any orders . This is called service of your complaint . You cannot give the papers to the opposing party yourself; someone else must give them to the opposing party. The chart below gives instructions on how to serve the complaint and sum mons. After you make sure that someone else gives the papers to the other party, you must prove to the C ourt that you did this. You can prove this to the C ourt by filing an Affidavit of Service form. You must serv e the papers and file an Affidavit of Service form within 60 days after you file your c omplaint. If you have questions about serving these documents , go to the Family Court Self Help Center at DC Superior Court or visit www.LawHelp.org/DC . Remember to always keep a copy of the papers for yourself. And, you may need to make more copies to serve the other party in a different way. Below are the ways you can serve your c omplaint and summons and prove to the C ourt that you did it . All of the forms discussed below can be found at the Family Court Self Help Center at DC Superior Court or at www.LawHelp.org/DC . Type of Service Proof of Service Have someone who is over 18 years old and not a party to the case (NOT you): • Hand a copy of the papers to the other party; or • Leave a copy of the papers at the other party’s home with a person of suitable age and discretion who lives there (someone who you think is old enough or responsible enough to give the p apers to the other party) . • The person who served the papers must fill out an Affidavit of Service by Individual. • The completed Affidavit must be filed at the Family Court Central Intake Center. Mail a copy of the papers to the other party by certified ma il, return receipt requested . • Send a copy of the papers to the other party’s home. • You can do this yourself at the post office. Someone else can do this for you too. • Keep the return receipt (“green card”) if it comes back to you; • Fill out an Affidavit of Service by Certified Mail ; and • File the completed Affidavit with the return receipt attached at the Family Court Central Intake Center. • Note : If you do not receive a return receipt or it comes back saying your papers cannot be deliver ed, you w ill need to serve the papers a different way . D.C. Bar Pro Bono Center (revised 03/2019) Complaint for Annulment of Marriage - Page 8 of 9 Mail the papers to the other party by first class mail (postage prepaid) and include: • An envelope addressed to you with a stamp on it (so that the other party can mail the Court’s Notice and Acknowledgement form back to you); and • Two (2) copies of the Court’s Notice and Acknowledgment form (one for the other party to keep and one for you). • The signed Notice and Acknowledgement form is the proof of service. • The other party has 21 days from the date the letter is mailed to sign and return the Notice and Acknowledgement form to you. • If the other party returns the completed form, file the completed Notice and Acknowledgement form at the Family Court Central Intake Center. • Note : If the other party does not return the form, you will need to serve the papers in a different way . If this h appens, you can ask the Court to order the other party to pay you back any money you spend serving the papers in another way. If you are asking for child support or to establish parentage of a child , the Family Court Central Intake Center will issue you a Notice of Hearing and Order Directing Appearance (also called a NOHODA). There are special instructions for serving a NOHODA, these can be found at the Family Court Self Help Center and online at www.ProBono.center/NOHODAInstructions If you need more than 60 days to serve the papers, you can ask the judge to give you more time. You can ask for more time by filing a Motion for Additional Time to Serve . You must ask for more time to serve and a ne w summons before the first summons expires. If you do not do this, the Family Court Central Intake Center may dismiss your complaint . You can get a Motion for Additional Time to Serve at the Family Court Self Help Center at DC Superior Court or visit www.LawHelp.org/DC . If you tried but were not able to serve the other party or parties using any of the methods above , you can ask the judge to let you serve the parties in a different way by filing a Motion for Alternative Service. You can get a Motion for Alternat ive Service at the Family Court Self Help Center at DC Superior Court or visit www.LawHelp.org/DC . D.C. Bar Pro Bono Center (revised 03/2019) Complaint for Annulment of Marriage - Page 9 of 9