NDLSHC Stip DWC Form 2 CS/May 2017 READ BEFORE FILLING OUT THE COMPLAINT FORM Divorce can have serious long-term legal and financial consequences. It is strongly recommended that you consult a lawyer and carefully consider all of your options. Only a lawyer who has agreed to represent you can give you legal advice and tell you about your options based on your circumstances. This Complaint form is part of the Divorce With An Agreement 226 With Children forms packet. This Complaint form and the forms packet may be used if you answer 223Yes224 to ALL of the following: Both spouses are currently in communication with each other. Both spouses agree on all issues and there are no issues on which they disagree. One of the spouses has lived in North Dakota for the last six months. All of the minor children have lived in North Dakota with a spouse for at least the past 6 months (or since birth); *OR* Within the past 6 months, North Dakota was the home state of all of the minor children and one spouse still lives in North Dakota. This is the only legal action pending between the spouses regarding the marriage or the minor children. Neither spouse is currently in the military; *OR* one or both spouses are currently in the military but not deploying or deployed. There is no domestic violence protection order or disorderly conduct restraining order in effect regarding either spouse. If you answered 223No224 to any of the above, you may not use this form or the forms packet. Read the instructions for the forms packet and this form before filling out the Complaint. If you are unsure how to proceed, you should consult a lawyer. The Complaint form must be filled out completely. If the Complaint form is not filled out completely and signed by the Plaintiff, the form may not be accepted by the clerk of court for filing. If the form is accepted for filing, but the judge or judicial referee assigned to the action determines the form is incomplete, your case may be dismissed without granting a divorce. Do not include this cover sheet when you serve or file the completed form. American LegalNet, Inc. www.FormsWorkFlow.com NDLSHC Page 1 of 7 Stip DWC Form 2/Rev Jun 2018 STATE OF NORTH DAKOTA IN DISTRICT COURT COUNTY OF JUDICIAL DISTRICT ) ) (Plaintiff) ) Case No. PLAINTIFF, ) ) Vs ) COMPLAINT ) ) (Defendant) ) DEFENDANT. ) 1. Plaintiff is now, and for the entire 6 months immediately before the start of these proceedings, a resident of the State of North Dakota. 2. No separate proceeding for dissolution of marriage or legal separation has been started or is pending in the State of North Dakota or elsewhere. 3. The identifying information of Plaintiff and Defendant is as follows: a. Plaintiff222s full legal name is: . Plaintiff222s address is: . Plaintiff222s employer222s name and address: . Plaintiff222s birth year: Last 4 digits of Plaintiff222s social security number: XXX-XX- b. Defendant222s full legal name is: . Defendant222s address is: . Defendant222s employer222s name and address: . Defendant222s birth year: Last 4 digits Defendant222s social security number: XXX-XX- American LegalNet, Inc. www.FormsWorkFlow.com NDLSHC Page 2 of 7 Stip DWC Form 2/Rev Jun 2018 4. Plaintiff and Defendant were married on the day of , , at (city), (state) and ever since have been married. 5. (Choose one) Neither Plaintiff nor Defendant is currently in the Armed Services of the United States of America or its allies. OR Plaintiff/ Defendant (choose all that apply) is currently in the Armed Services of the United States of America or its allies but is not currently deployed or notified of deployment. 6. Irreconcilable differences have arisen between Plaintiff and Defendant making the continuation of the marriage impossible. 7. Plaintiff and Defendant have minor children together, namely: a. Minor Child222s Initials: Year of Birth: Last 4 Digits of Social Security Number: XXX-XX- Address: b. Minor Child222s Initials: Year of Birth: Last 4 Digits of Social Security Number: XXX-XX- Address: c. Minor Child222s Initials: Year of Birth: Last 4 Digits of Social Security Number: XXX-XX- Address: Additional sheets are attached. (Choose if applicable) 8. It is in the best interests of the minor child(ren) that residential responsibility is granted as follows: (choose one) Shared equally between the Plaintiff and the Defendant. OR Primary residential responsibility granted to the Plaintiff, subject to the Defendant222s reasonable parenting time. OR American LegalNet, Inc. www.FormsWorkFlow.com NDLSHC Page 3 of 7 Stip DWC Form 2/Rev Jun 2018 Primary residential responsibility granted to the Defendant, subject to the Plaintiff222s reasonable parenting time. 9. (Choose one) Plaintiff/ Defendant is not pregnant. (choose one) OR Plaintiff/ Defendant is pregnant. (choose one) However, the Plaintiff/ Defendant (choose one) is not the father, and the child is not at issue in this proceeding. 10. This Court has jurisdiction to determine parenting rights and responsibilities and decision making of the minor child(ren) pursuant to North Dakota Century Code Section 14-14.1-12 because: (choose one) The child(ren) has/have lived in North Dakota with a parent or person acting as a parent for at least six consecutive months immediately before the start of this proceeding. If a child is less than six months old, the child has lived in North Dakota with a parent or person acting as a parent since their birth. Name of parent or person acting as a parent: Relationship to child(ren): OR North Dakota was the home state of the child(ren) within six months of the start of this proceeding, and one parent continues to reside in North Dakota. Name of parent residing in North Dakota: 11. This proceeding will affect the custody of the minor child(ren) of the marriage. The following information is required by North Dakota Century Code Section 14-14.1-20: a. Within the past five (5) years, the child(ren) has/have lived at the following addresses: Child222s Initials Address (street, city, state, zip code) Date From Date To American LegalNet, Inc. www.FormsWorkFlow.com NDLSHC Page 4 of 7 Stip DWC Form 2/Rev Jun 2018 b. The names and current addresses of the persons with whom the child(ren) has/have lived in the past five (5) years are as follows: Child222s Initials Name of Person(s) Current Address (street, city, state, zip code) c. (Choose one) Plaintiff has not participated, as a party or witness or in any other capacity, in any other proceeding concerning the custody of or visitation with the child(ren). OR Plaintiff has participated in the following proceeding(s) concerning the child(ren) as a party or witness, or in another capacity concerning the custody of or visitation with the child(ren): Name of Court State Case Number Date of Determination d. (Choose one) Plaintiff does not know of any proceeding that could affect the current proceeding, including proceedings for enforcement and proceedings relating to domestic violence, protective orders, termination of parental rights, adoptions, neglect, abuse, deprivation, guardianship, or paternity. OR Plaintiff knows of the following proceeding(s) that could affect the current proceeding, including proceedings for enforcement and proceedings relating to domestic violence, protective orders, termination of parental rights, adoptions, neglect, abuse, deprivation, guardianship, or paternity. Name of Court State Case Number Type of proceeding American LegalNet, Inc. www.FormsWorkFlow.com NDLSHC Page 5 of 7 Stip DWC Form 2/Rev Jun 2018 e. (Choose one) Plaintiff does not know of any person who is not a party to this proceeding who has physical custody of the child(ren) or claims rights of legal custody or physical custody of, or visitation with, the child(ren). OR Plaintiff knows of the following person(s) who is/are not a party to this proceeding who has physical custody of the child(ren) or claims rights of legal custody of physical custody of, or visitation with, the child(ren). Name of Person(s) Address (street, city, state, zip code) Additional sheets are attached. (Choose if applicable) 12. (Choose one) Plaintiff/ Defendant (choose one) is an able-bodied person and is a