Fill and Sign the Some States Use the Term Petition Instead of Complaint Form

- 1 - Divorce Information and Worksheet Instructions: This worksheet is designed to be used by persons contemplating a divorce. It may also be used by your attorney. Completing this form before your initial interview with your attorney may save you valuable time and money. Part 1 - Definitions – Terms and Explanations Definitions – Terms and Explanations 1. Complaint The pleading used to commence a divorce action that is filed with the court clerk, usually in the county of residence of the parties. 2. Petition Same as complaint. Some States use the term Petition instead of complaint. 3. Plaintiff Or Petitioner The person who files the complaint. May be called Petitioner if a Petition is used instead of a complaint. If a Joint Complaint is allowed, the parties may be called Co-Plaintiffs or Co-Complainants. 4. Defendant Or respondent The person who the complaint is filed against. This person is usually required to answer the complaint within a certain number of days, or file a waiver to the complaint. After the complaint is filed, the defendant is usually served with a copy of the complaint and a summons directing the defendant to answer the complaint. 5. Co-Plaintiffs When both parties sign the complaint in a divorce action it is called a Joint Complaint or Joint Petition. Some states allow Joint complaints and some do not. 6. Summons This is a document signed by the Court Clerk and served on the defendant. It informs the defendant that a complaint has been filed and directs the defendant to file an answer within the required time. 7. Cover Sheet Some states require a cover sheet to be filed with the complaint, petition or joint complaint which provides basic information about the parties and the action. These are used by the court for easy reference and also sometimes for statistic reporting. Some clerks will supply you with the required cover sheet and others will direct you to where a copy can be obtained.
Part 2 – details of the complaint 1. Name of the person filing the complaint. It will be different in different states. It must be the same as the name that is listed on the birth certificate. You may be asked by the court to prove it is the same name that is on the birth certificate. However, the court may require more paperwork for this purpose. 2. Address of the property or place in which the complaint is being filed. In most states, it is not necessary to include the street address, zip code, or city. The address of the place or property may also be omitted if you file under a single case or have many joint petitions. 3. Reason for the action, or statement for the purpose of starting the action. The reason given may be: to end a marriage, to terminate a marriage, to terminate a civil union, to terminate an existing civil union, or for any other lawful reason. 4. Names of parties only in case of a joint action. Parties are usually required to be listed. The court clerk may specify the parties required to be listed. 5. Date of birth or date the action is filed, whichever is earlier. Usually dates of birth are entered as either 01/01/1912/1929 or 06/01/1912/1929. Some court clerks will ask that you include the date you were born. In order to avoid confusion, date your birth or birthdate the day before the date the complaint is filed with your complaint, petition or court document. 6. Name of person filing the complaint, his/her husband if filing as an individual, or the wife or husband of the individual. 7. Date and place of birth of each party if they are married. If they are not married they will need to determine the date by which they have become legally married. 8. Age (age at age of majority in most states). The date of the birth is usually entered in the next column. A common date of birth is 01/01/1912/1929. 9. Address, or mailing address. 10. Names of other parties who may be in the marriage. 11. Social security number. Social security numbers may be required for all parties in a family court case. 12. Social security number. Social security numbers may be required for all parties in a family court case. 13. Father's/mother's home addresses. 14. Date of birth of each party if they are married. (most court clerks will ask that you include