Complaint for Absolute Divorce


#1

Number 6 of the Complaint for Absolute Divorce States:

“The Plaintiff, acknowledges that he is not demanding of or making claims for Equitable Distribution, AND, that he acknowledges that unless such claims are made by either of the parties prior to a Judgment for Absolute Divorce being entered on the complaint, the parties are forever waiving and discharging any claim for Equitable Distribution by obtaining an absolute divorce.”

My questions:

  1. I understand that I must assert a claim for alimony or Equitable Distribution; however, might this prolong the divorce process?

  2. Also, how might I assert a claim prior to judgement?


#2

The absolute divorce will proceed and will not be delayed if claims for Alimony and Equitable Distribution are made. You must include these claims in your Complaint for Divorce, or file a separate action prior to the divorce being granted.


#3

How might I assert a claim? I have been served via certified mail, as a defendant.


#4

You need to file an answer to the Complaint and include counterclaims for Equitable Distribution and Alimony.


#5

How would you word a divorce complaint requesting equitable distribution of property, pension request, and return of personal property?


#6

Providing sample language is beyond the scope of t his forum. We do have sample complaints available as part of our DIY service which is described in the side bar of the forum home page.