Complaint
The initial legal document filed to start a divorce case. Also called a petition for dissolution of marriage. It identifies the parties, grounds for divorce, and relief requested.
Understanding Complaint
The complaint (or petition) is the first official step in the divorce process. It is filed with the court by the plaintiff (petitioner) and served on the defendant (respondent). The complaint typically includes the parties' names, marriage date, grounds for divorce, and requests regarding custody, support, and property division. Filing the complaint establishes jurisdiction, starts the clock on waiting periods, and in many states triggers automatic temporary restraining orders. The filing fee varies by state, usually between $100 and $400.
Real-World Examples
The wife's attorney files a complaint for divorce in county court citing irreconcilable differences and requesting primary custody of the children.
Related Terms
The formal legal response filed by the respondent (defendant) to a divorce petition or complaint. It addresses each allegation and may include counterclaims.
Counter-PetitionA legal filing by the respondent in a divorce case that makes their own requests regarding custody, property, and support, rather than merely responding to the original petition.
DefendantThe spouse who is served with divorce papers and must respond to the petition. Also called the respondent in many jurisdictions.
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This definition is provided for educational purposes only and does not constitute legal advice. Divorce laws and terminology may vary by state and jurisdiction.
Always consult a licensed attorney in your area for advice specific to your situation.