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Complaint For Absolute Divorce (Voluntary Separation) Form. This is a District Of Columbia form and can be use in Superior Court Statewide.
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Tags: Complaint For Absolute Divorce (Voluntary Separation), District Of Columbia Statewide, Superior Court
SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
FAMILY COURT
Domestic Relations Branch
_________________________________
PRINT YOUR NAME
_________________________________
STREET ADDRESS
_________________________________
CITY, STATE AND ZIP CODE
SUBSTITUTE ADDRESS: CHECK BOX IF YOU
HAVE WRITTEN SOMEONE ELSE’S ADDRESS BECAUSE
YOU FEAR HARASSMENT OR HARM.
PLAINTIFF,
v.
_______DRB ___________
RELATED CASES:
_____________________________
_____________________________
_________________________________
PRINT YOUR SPOUSE’S NAME
_________________________________
STREET ADDRESS
_________________________________
CITY, STATE AND ZIP CODE
DEFENDANT.
COMPLAINT FOR ABSOLUTE DIVORCE
Action Involving Child Support yes no
I, _________________________________, am the Plaintiff in this case and state that
PRINT YOUR NAME
1. This Court is the proper place to decide my request for divorce and related issues
because: [CHECK ALL THAT APPLY]
I have been a resident of the District of Columbia for more than six months
immediately before filing this Complaint.
My spouse has been a resident of the District of Columbia for more than six months
immediately before filing this Complaint.
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2. My spouse and I were married [CHECK ONE]
by ceremony on ______________________, in ______________________________.
DATE
CITY AND STATE
by common law on or about ___________________, in _______________________.
DATE
CITY AND STATE
3. My spouse and I separated on or about ________________________________________.
DATE
4. I state the following about the separation: [CHECK ALL THAT APPLY]
The separation has been mutual and voluntary, and has continued without
interruption or cohabitation for a period of more than six months immediately before
filing this Complaint.
The separation has continued without interruption or cohabitation for a period of
more than one year immediately before filing this Complaint.
5. I state the following with regard to my married name: [CHECK ONE]
I did not change my name when I married my spouse.
I changed my name when I married my spouse. I do not wish to return to a former
name.
I changed my name when I married my spouse and I now wish to return to my birth
name or another legal name I used 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
6. I state the following about property from my marriage: [CHECK ONE]
My spouse and I have no marital property.
My spouse and I have an agreement resolving all of our marital property issues and I
am not asking the Court to divide or distribute any marital property.
My spouse and I have a written agreement resolving all of our marital property issues
and I am not asking the Court to divide or distribute any marital property.
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My spouse and I have marital property that I am asking the Court to divide or
distribute, and I have completed 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.
7. I state the following about debt from my marriage: [CHECK ONE]
My spouse and I have no marital debt.
My spouse and I have an agreement resolving all of our marital debt issues and I am
not asking the 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 assign responsibility for it.
My spouse and I have marital debt that I am asking the Court to assign responsibility
for, and I have completed 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 debt.
Alimony
8. I state the following about my need for alimony from my spouse: [CHECK ONE]
I need permanent and/or temporary 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.
Custody
9. I state the following about our child(ren) who are under the age of 18: [CHECK 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 asking the court to decide custody at this time.
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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; 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 the court to decide custody. I have completed and attached
the additional information required on Attachment B, which I incorporate into this
Complaint.
Child Support
10. I state the following about my request for child support: [CHECK ONE]
My spouse and I do not have any children together (through birth or adoption), or our
children together are over the age of 21 years and are not adult disabled children.
My spouse and I do have children together (through birth or adoption) who are under
the age of 21 or who are adult disabled children, but I am not asking the Court to award
child support at this time.
My spouse and I do have children together (through birth or adoption) who are under
the age of 21 or who are adult disabled children, and we have an agreement regarding
child support; that agreement is consistent with the Child Support Guideline of the
District of Columbia and/or it is fair and just.
My spouse and I do have children together (through birth or adoption) who are under
the age of 21 or who are adult disabled children. I am asking the Court to award child
support, and I have completed and attached the additional information required on
Attachment C, which I incorporate into this Complaint.
Attachments
11. I have included the following attachment(s): [CHECK ALL THAT APPLY]
No attachments
Attachment A (Marital Property and/or Marital Debt)
Attachment B (Child Custody)
Attachment C (Child Support)
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Request for Relief
I RESPECTFULLY REQUEST that the Court: [CHECK ALL THAT APPLY]
Grant me an Absolute Divorce.
Divide marital property and/or assign marital debts in a manner that is equitable, just
and reasonable.
Award alimony in a manner that is fair and just, including: [CHECK ALL THAT APPLY ]
temporary alimony
permanent alimony
Award custody in the best interests 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 Directing 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 agreement. I request that the Court: [CHECK 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 award any other relief it considers fair and proper.
[CHECK ONE]
I do not know of any proceedings in the District of Columbia or in any state or territory
involving the same claim or subject matter as this case.
I do know of proceedings in the District of Columbia or in any state or territory involving the
same claim or subject matter as this case, as listed on the first page of this Complaint (“Related
Cases”).
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I solemnly swear or affirm under criminal penalties for the making of a false statement that I
have read the foregoing Complaint for Absolute Divorce and that the factual statements made in
it are true to the best of my personal knowledge, information and belief.
Respectfully Submitted,
____________________________________
SIGN YOUR NAME
____________________________________
DATE (mm/dd/yyyy)
____________________________________
STREET ADDRESS
____________________________________
CITY, STATE AND ZIP CODE
____________________________________
TELEPHONE NUMBER
SUBSTITUTE ADDRESS: CHECK BOX IF YOU HAVE
WRITTEN SOMEONE ELSE’S ADDRESS BECAUSE YOU FEAR
HARASSMENT OR HARM.
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RULE 4
SERVICE
WHEN YOU FILE YOUR COMPLAINT, THE FAMILY COURT CENTRAL INTAKE CENTER WILL GIVE YOU
A SUMMONS THAT YOU MUST SERVE (ALONG WITH THE COMPLAINT) ON THE OTHER PARTY WITH A
COPY OF YOUR COMPLAINT.
YOU MUST SERVE THE OTHER PARTY BEFORE THE SUMMONS EXPIRES IN 60 DAYS.
IF YOU ARE UNABLE TO SERVE THE OTHER PARTY WITHIN THE 60 DAYS, YOU CAN ASK THE FAMILY
COURT CENTRAL INTAKE CENTER TO GIVE YOU ANOTHER SUMMONS. THE SECOND SUMMONS IS
CALLED AN “ALIAS SUMMONS.” YOU MUST ASK FOR THE ALIAS SUMMONS BEFORE THE FIRST
SUMMONS EXPIRES.
HERE ARE THE WAYS YOU CAN SERVE THE COMPLAINT AND SUMMONS:
by having someone else (NOT you), who is over 18 years old and
not a party to the case,
o hand it to the other party; or
o leave a copy at the other party’s home with a person of
suitable age and discretion who lives there
-AFTER
THE OTHER
PARTY IS SER VED, THE SER VER MUST
COMPLETE AN AFFIDAVIT OF SERVICE AND FILE I T WITH THE
FAMILY COURT CENTRAL INTAKE CENTER (“CIC”). AFFIDAVITS
ARE AVAILABLE AT THE CIC.
OR
by mailing it to the other party by certified mail, return receipt
requested.
-AFTER THE R ETURN RECEIPT (“GREEN CARD”)
COMES BACK TO YOU , FILE IT WITH THE CIC ALONG
WITH A COMPLETED AFFIDAVIT OF SERVICE. THESE
AFFIDAVITS ARE ALSO AVAILABLE AT THE CIC.
DC Bar Pro Bono Program (revised 9-2011)
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