What Should Be In A Complaint For Divorce?

If you have an attorney, then it is probably not necessary that you understand all the paragraphs in a Complaint for Divorce. But for those that are curious or who want to understand the complaint better, these are the most common paragraphs in a Complaint for Divorce:

1. That the parties were married on a specific date and are still married.
2. That the court has what is called subject matter jurisdiction, as the parties are married (people can’t get divorced if they aren’t married) and one party has been a resident of Nevada for six weeks (only Nevada residents can get divorced in Nevada courts).
3. That the court has what is called personal jurisdiction over both parties. This happens when each party has what is called ‘minimum contacts’ with Nevada. Having resided in Nevada is usually what establishes the minimum contacts, although there are other ways. The complaint usually does not allege specifically how the court has come to have personal jurisdiction.
4. That the parties are entitled to a divorce and the reason for being entitled to a divorce. In Nevada, the reason is usually that the parties are incompatible in marriage.
5. If there is community property (and there is almost always community property), it should allege that it should be divided pursuant to Nevada law. Sometimes, if a default is expected, it is advisable to state precisely how the community property shall be divided. Otherwise, especially if the complete nature and extent of community property is not known, it should allege something to the effect that the nature and extent of the community property is not known and shall be submitted at a later date.
6. If there are community debts (and there usually are), it should allege that the community debts should be divided pursuant to law. Sometimes, especially if a default is expected, it is advisable to state precisely how the community debt shall be divided. Otherwise, especially if the complete nature and extent of the community debts are not known, it should allege something to the effect that the nature and extent of the community debts is not known and shall be submitted at a later date.
7. A complaint usually alleges that if there has been any waste of community assets, then the community should be reimbursed for that waste.
8. That the parties have minor children (if they do) and the names and ages of the children. If the parties do not have minor children, it should say so. The complaint should also state whether a parent is pregnant – the court may need to make custody decisions regarding the unborn child.
9. If the parties have minor children, it should allege that the court has jurisdiction over the custody of the children (if it does) pursuant to the UCCJEA (Uniform Child Custody Jurisdiction and Enforcement Act).
10. If the parties have minor children, and the court has jurisdiction over custody, it should allege either that the parties should have joint custody, that one party should have primary custody, or that one parent should have sole custody.
11. If the parties have children, it should allege that the court has jurisdiction over child support (if it does) pursuant to the Uniform Interstate Family Support Act. This is not strictly required, however, and is often omitted.
12. If the parties have children and the court has jurisdiction over child support, it should allege which party should pay child support to the other. Rarely, a specific amount of child support is alleged. Usually the Complaint alleges something like “should pay child support pursuant to Nevada law.”
13. The Complaint should usually allege something about alimony, either that a party shall pay alimony or that neither party shall pay alimony. Sometimes a specific dollar amount and duration is alleged, but more often the allegation is made generally as in “Plaintiff shall pay reasonable alimony.”
14. If the Plaintiff has hired an attorney, it will usually ask for attorney fees. Most commonly it alleges something like “Plaintiff has had to hire an attorney, and should be reimbursed for attorney’s fees and costs.” The necessity and effectiveness of this allegation is not clear, but no attorney wants to miss a chance to collect attorney fees from the other side so it is almost always added.
15. It should state something to the effect that a party may have any previous name restored.

Many people expect the complaint to describe everything that happened during the marriage. In most cases, that isn’t necessary. A complaint is intended to notify the other party of the claims being made, not to present all of the evidence. The details usually come later through discovery, motions, and, if necessary, trial.

After the list of allegations, there is customarily a “Wherefore” section in which the party asks that the court grant relief based on the allegations.

Although drafting a complaint for divorce is usually routine and often takes an attorney only an hour or less, there is a legal strategy to it.

One of the strategic decisions in drafting a complaint is deciding how much detail to include. Sometimes broad allegations preserve flexibility. Other times, specific factual allegations may strengthen a claim or narrow the issues in dispute. The right approach depends on the circumstances of the case.

Drafting a good complaint involves more than filling in blanks on a form. Every allegation becomes part of the court record. Decisions about what to include—and what not to include—can affect the course of the litigation. A poorly drafted complaint can unintentionally limit future arguments, create unnecessary disputes, or even undermine otherwise valid claims.

A Complaint for Divorce defines the issues the court will be asked to decide and often shapes the direction of the entire case. Although many complaints are relatively straightforward, thoughtful drafting at the beginning of a case can help avoid unnecessary disputes later. That is one reason many people choose to consult an attorney before filing, even if they hope to resolve the divorce amicably.