Chapter 2. Initial Pleadings

Transcription

1 Chapter 2 Initial Pleadings New Jersey Family Law Forms.indd 30 12/27/ PM

2 [LAW FIRM NAME] [LAW FIRM ADDRESS] [CITY], [STATE] [ZIP] [PHONE] Attorneys for Plaintiff COMPLAINT FOR DIVORCE [PLAINTIFF NAME], Plaintiff, v. [DEFENDANT NAME], Defendant. SUPERIOR COURT OF NEW JERSEY CHANCERY DIVISION, FAMILY PART [COUNTY] COUNTY DOCKET NO. [DOCKET NO] CIVIL ACTION COMPLAINT FOR DIVORCE The Plaintiff, [PLAINTIFF NAME], currently residing at [PLAINTIFF ADDRESS], [CITY/TOWN], County of [COUNTY], and State of New Jersey, by way of Complaint against the Defendant, says 1. Plaintiff was lawfully married to the Defendant, [DEFENDANT NAME], on the [DAY] day of [MONTH], [YEAR], in [CITY/TOWN], [STATE], in a civil ceremony. 2. Plaintiff was a bona fide resident of the State of New Jersey when this cause of action arose, and has ever since and for more than one year next preceding the commencement of this action continued to be such bona fide resident. 3. The Plaintiff presently resides at [PLAINTIFF ADDRESS], [CITY/TOWN], County of [COUNTY], and State of New Jersey. 4. The Defendant presently resides at [DEFENDANT ADDRESS], [CITY/TOWN], County of [COUNTY], and State of [STATE]. 5. The parties have experienced irreconcilable differences for a period of at least six months which has caused the breakdown of their marriage and it is apparent that the marriage INITIAL PLEADINGS Chapter 2 New Jersey Family Law Forms 31 New Jersey Family Law Forms.indd 31 12/27/ PM

3 should be dissolved as there is no reasonable prospect of reconciliation. 6. There was [NUMBER] [child/children] born of the marriage, to wit [CHILD NAME], born [CHILD BIRTH DATE]. 7. There have been no previous proceedings between the Plaintiff and Defendant respecting the marriage or its dissolution, or respecting the maintenance of the Plaintiff or the minor [child/children] in any court in any jurisdiction. WHEREFORE, the Plaintiff demands judgment as follows A. Dissolving the marriage between the parties; B. Making an award pertaining to legal and residential custody of the minor [child/children] born of the marriage with Plaintiff being designated as the parent of primary residence and Defendant as the parent of alternate residence; C. Compelling the Defendant to contribute to the support of the minor [child/children] of the marriage; D. Compelling the Defendant to pay alimony to the Plaintiff and otherwise support the Plaintiff; E. Equitably distributing all properties, both real and personal, acquired by the Plaintiff, the Defendant, and the Plaintiff and Defendant jointly, during the marriage; F. Awarding counsel fees and expert fees to the Plaintiff; and G. Granting such other relief as this Court deems equitable and just. Dated [DATE] [LAW FIRM NAME] Attorneys for Plaintiff [ATTORNEY NAME] TRIAL COUNSEL [ATTORNEY NAME], Esq. is hereby designated as trial counsel in this matter. Dated [DATE] [LAW FIRM NAME] Attorneys for Plaintiff [ATTORNEY NAME] 32 New Jersey Family Law Forms Chapter 2 INITIAL PLEADINGS New Jersey Family Law Forms.indd 32 12/27/ PM

4 CERTIFICATION [ATTORNEY NAME], of full age, certifies as follows 1. I am an attorney at law of the State of New Jersey and a member of the firm of [LAW FIRM NAME], attorneys for the Plaintiff. 2. Based upon my knowledge and belief, this matter in controversy is not the subject of any other action in the Superior Court of New Jersey and there is no other party who should be joined in this proceeding. I hereby certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. Dated [DATE] [ATTORNEY NAME] CERTIFICATION OF VERIFICATION AND NON-COLLUSION [PLAINTIFF NAME], of full age, certifies as follows I am the Plaintiff in the foregoing Complaint. The allegations of the Complaint are true to the best of my knowledge, information and belief. The Complaint is made in truth and good faith and without collusion for the causes as set forth therein. I hereby certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. Dated [DATE] [PLAINTIFF NAME] CERTIFICATION OF NOTIFICATION OF COMPLEMENTARY DISPUTE RESOLUTION ALTERNATIVES PURSUANT TO RULE 54-2(h) [ATTORNEY NAME], of full age, certifies as follows 1. I am an attorney at law of the State of New Jersey and a member of the firm of [LAW FIRM NAME], attorneys for the Defendant. 2. I am making this Certification pursuant to New Jersey Court Rule 54-2(h). 3. I have provided the Defendant with a copy of the document entitled Divorce -- INITIAL PLEADINGS Chapter 2 New Jersey Family Law Forms 33 New Jersey Family Law Forms.indd 33 12/27/ PM

5 Dispute Resolution Alternatives to Conventional Litigation. 4. I have discussed with the Defendant the complementary dispute resolution alternatives to litigation contained in that document. I hereby certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. Dated [DATE] [ATTORNEY NAME] CERTIFICATION OF NOTIFICATION OF COMPLEMENTARY DISPUTE RESOLUTION [PLAINTIFF NAME], being of full age, does hereby certify as follows I have been informed of the availability of Complementary Dispute Resolution (CDR) alternatives to conventional litigation, including, but not limited to, mediation and arbitration, that might assist me in the resolution of my dispute. I have received descriptive literature regarding such Complementary Dispute Resolution alternatives from my attorney. I hereby certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment for contempt of Court. Dated [DATE] [PLAINTIFF NAME] CERTIFICATION OF INSURANCE COVERAGE PURSUANT TO R. 54-2(f) [PLAINTIFF NAME], of full age, hereby certifies 1. I am the Plaintiff in the foregoing Complaint for Divorce. To the best of my knowledge and belief, the insurance coverage within this Certification represents all insurance coverage of the Defendant in this matter, our minor [child/children], and me. 2. To the best of my knowledge and belief, none of the insurance coverage listed within this Certification was canceled or modified within the 90 days preceding the date of this Certification. 34 New Jersey Family Law Forms Chapter 2 INITIAL PLEADINGS New Jersey Family Law Forms.indd 34 12/27/ PM

6 LIFE INSURANCE Name of Company [COMPANY] Address [ADDRESS] Policy No [POLICY NO] Beneficiary [BENEFICIARY] Face Amount [FACE AMOUNT] Name of Insured [INSURED NAME] Policy Owner [POLICY OWNER] Policy Term [POLICY TERM] HEALTH INSURANCE Name of Insured [NAME] Name of Company [COMPANY] Address [ADDRESS] ID Number [ID NUMBER] Group No [GROUP NO] Coverage Type Single [ ] Parent-Child [ ] Family [ ] Optical [ ] Hospital [ ] Major Medical [ ] Dental [ ] Drug [ ] Diagnostic [ ] Check if made available through employment [ ] or personally obtained [ ]. AUTOMOBILE INSURANCE Name of Company [COMPANY] Address of Company [ADDRESS] Policy Number [POLICY NO] Policy Expiration Date [POLICY EXPIRATION DATE] Year/Make/Model of Vehicle [VEHICLE MAKE]/[VEHICLE MODEL]/[VEHICLE YEAR] Coverage Limits [COVERAGE LIMITS] Lawsuit Threshold [ ] Yes [ ] No Umbrella Coverage [ ] Yes [ ] No Umbrella Coverage Amount $[UMBRELLA COVERAGE AMOUNT] Drivers of Vehicle [DRIVER NAME] Lienholder/Lessor (if applicable) [LIENHOLDER NAME] Address of Lienholder/Lessor [ADDRESS] Use of Vehicle [ ] Personal [ ] Business [ ] Personal and Business INITIAL PLEADINGS Chapter 2 New Jersey Family Law Forms 35 New Jersey Family Law Forms.indd 35 12/27/ PM

7 HOMEOWNERS INSURANCE Name of Company [COMPANY] Address [ADDRESS] Policy No [POLICY NO] Expiration Date [POLICY EXPIRATION DATE] Address of Covered Residence [ADDRESS] Coverage Limits [COVERAGE LIMITS] Umbrella Coverage [ ] Yes [ ] No Umbrella Coverage Amount $[UMBRELLA COVERAGE AMOUNT] Mortgagee (if applicable) [MORTGAGEE] Riders to Policy [ ] Jewelry [ ] Furs [ ] Artwork [ ] Other I certify that all of the foregoing statements made by me are true. I am aware that, if any of the foregoing statements made by me are willfully false, I am subject to punishment. Dated [DATE] [PLAINTIFF NAME] 36 New Jersey Family Law Forms Chapter 2 INITIAL PLEADINGS New Jersey Family Law Forms.indd 36 12/27/ PM

8 2-002 ALTERNATE CAUSES OF ACTION LANGUAGE FOR COMPLAINT FOR DIVORCE ALTERNATE CAUSES OF ACTION LANGUAGE Drug or Alcohol Addiction The Defendant voluntarily became addicted to narcotic drugs [or habitually drunken] from [STATE THE DATE OF INCEPTION] and continuing for [STATE NUMBER, WHICH MUST BE 12 OR MORE] consecutive months subsequent to the marriage and next preceding the filing of the complaint. Institutionalization for Mental Illness The Defendant was institutionalized for mental illness for a period of 24 [or more] consecutive months subsequent to the marriage, from [DATE] to [DATE] to [DATE]. Imprisonment The Defendant was imprisoned for 18 or more consecutive months after the marriage, from [DATE] to [DATE]. Deviant Sexual Conduct The Defendant voluntarily engaged in deviant sexual conduct, consisting of [DESCRIBE], without the consent of the Plaintiff. Adultery The Defendant committed adultery with [NAME] on [DATE] at [LOCATION], as well as at various other times and places presently unknown to the Plaintiff. Desertion The Defendant deserted the Plaintiff on [DATE], ever since which time and for more than 12 months last past, the Defendant has willfully and continuously deserted the Plaintiff. INITIAL PLEADINGS Chapter 2 New Jersey Family Law Forms 37 New Jersey Family Law Forms.indd 37 12/27/ PM

9 Separation The parties separated on or about [DATE], ever since which time and for more than 18 consecutive months the parties have lived separate and apart in different habitations, and there is in reasonable prospect of reconciliation. Extreme Cruelty The Defendant has been guilty of extreme cruelty toward the Plaintiff commencing on or about [DATE] and continuing from that day until [DATE] at which time the Plaintiff was compelled to [DESCRIBE] from the Defendant on account of the Defendant s extreme cruelty toward the Plaintiff. Particularly specifying the acts of extreme cruelty committed by the Defendant, the Plaintiff says that A. [DESCRIBE ACT OF CRUELTY] B. [DESCRIBE ACT OF CRUELTY] The above named acts of extreme cruelty endangered the safety or health of the Plaintiff or made it improper or unreasonable to expect the Plaintiff to continue to cohabit with the Defendant. More than three months have elapsed since the last acts of extreme cruelty complained of as constituting the Plaintiff s cause of action herein. The acts of extreme cruelty committed by the Defendant within a period of three months before the filing of this complaint, as above set forth, are alleged not as constituting in whole or in part the cause of action set forth herein, but as relating back to qualify and characterize the acts constituting said cause of action. Divorce from Bed and Board Divorce from bed and board may be adjudged for the same causes as divorce from the bonds of matrimony. Language requesting a divorce from bed and board is set forth in the prayers for relief WHEREFORE, the Plaintiff demands judgment as follows A. Granting a divorce from bed and board pursuant to N.J.S.A. 2A New Jersey Family Law Forms Chapter 2 INITIAL PLEADINGS New Jersey Family Law Forms.indd 38 12/27/ PM

10 2-003 THIRD-PARTY COMPLAINT NOTICE TO CO-RESPONDENT [LAW FIRM NAME] [LAW FIRM ADDRESS] [CITY], [STATE] [ZIP] [PHONE] Attorneys for Defendant [PLAINTIFF NAME], Plaintiff, v. [DEFENDANT NAME], Defendant. SUPERIOR COURT OF NEW JERSEY CHANCERY DIVISION, FAMILY PART [COUNTY] COUNTY DOCKET NO. [DOCKET NO] CIVIL ACTION NOTICE TO CO-RESPONDENT TO [NAME] [COMPANY] [ADDRESS] [CITY], [STATE] [ZIP CODE] PLEASE TAKE NOTICE that, in the above-entitled action presently pending in the Superior Court of New Jersey, Chancery Division, Family Part, [COUNTY] County, Docket No. [DOCKET NO], in which the Defendant, [DEFENDANT NAME], seeks a divorce, as well as other relief, against [PLAINTIFF NAME], you have been charged with having committed adultery with the aforesaid [PLAINTIFF NAME], the Plaintiff herein, in or about [MONTH], [MONTH] and [MONTH] [YEAR] to the present, in [STATE], as well as at various other times and places presently unknown to the Defendant. INITIAL PLEADINGS Chapter 2 New Jersey Family Law Forms 39 New Jersey Family Law Forms.indd 39 12/27/ PM

11 PLEASE TAKE FURTHER NOTICE that you have the right to intervene in the within action in accordance with Rule 433. [LAW FIRM NAME] Attorneys for Defendant [ATTORNEY NAME] DATED [DATE] 40 New Jersey Family Law Forms Chapter 2 INITIAL PLEADINGS New Jersey Family Law Forms.indd 40 12/27/ PM

12 [LAW FIRM NAME] [LAW FIRM ADDRESS] [CITY], [STATE] [ZIP] [PHONE] Attorneys for Plaintiff MARITAL TORT (TEVIS) [PLAINTIFF NAME], Plaintiff, v. [DEFENDANT NAME], Defendant. SUPERIOR COURT OF NEW JERSEY CHANCERY DIVISION, FAMILY PART [COUNTY] COUNTY DOCKET NO. [DOCKET NO] CIVIL ACTION COMPLAINT FOR DIVORCE The Plaintiff, [PLAINTIFF NAME], residing at [PLAINTIFF ADDRESS], in [CITY/TOWN], County of [COUNTY], and State of New Jersey, by way of Complaint against the Defendant, says FIRST COUNT EXTREME CRUELTY 1. The Plaintiff was lawfully married to the Defendant, [DEFENDANT NAME], on the [DAY] day of [MONTH], [YEAR], in [CITY/TOWN], [STATE], in a civil ceremony. 2. The Plaintiff was a bona fide resident of the State of New Jersey when this cause of action arose and has ever since and for more than one year next preceding the commencement of this action continued to be such a bona fide resident. 3. The Defendant resides at [ADDRESS], in [CITY/TOWN], County of [COUNTY], and State of [STATE]. 4. The Defendant has been guilty of extreme cruelty toward the Plaintiff commencing in the beginning of the marriage and continuing until the present. Particularly specifying the acts of extreme cruelty committed by the Defendant and complained of by the Plaintiff, the Plaintiff sets INITIAL PLEADINGS Chapter 2 New Jersey Family Law Forms 41 New Jersey Family Law Forms.indd 41 12/27/ PM

13 forth the following A. [SET FORTH EXAMPLE OF EXTREME CRUELTY.] B. [SET FORTH EXAMPLE OF EXTREME CRUELTY.] The above-named acts of extreme cruelty endangered the safety and health of the Plaintiff and have made it improper and unreasonable to expect the Plaintiff to continue to cohabit with the Defendant. More than [NUMBER] months have elapsed since the last act of extreme cruelty complained of constituting the Plaintiff's cause of action herein. The extreme cruelty committed by the Defendant in the period of three months before the filing of this Complaint as set forth above are alleged not as constituting in whole or in part the cause of action set forth herein but as relating to qualify and characterize the extreme cruelty constituting the said cause of action. 5. At the time of the last act of extreme cruelty, the Plaintiff resided at [ADDRESS], in [CITY/TOWN], County of [COUNTY], and State of [STATE], and was a resident there at the time the cause of action on the grounds of extreme cruelty, arose. 6. There were [NUMBER] [child/children] born of the marriage, to wit [CHILD NAME], born [BIRTH DATE]. The [child/children] presently [resides/reside] with the Plaintiff in the former marital home at [ADDRESS], in [CITY/TOWN]. 7. The Plaintiff has insufficient means of support for herself and the [child/children]. The Defendant is able to contribute to the support of the Plaintiff and the [child/children] of the Plaintiff and the Defendant. 8. During the marriage between the parties, the Plaintiff and the Defendant have acquired assets which may be subject to equitable distribution, pursuant to N.J.S.A. 2A To this end, the Plaintiff says, but is not limited to, the following A. The Plaintiff has continuously contributed, both financially and otherwise, towards the acquisition of all properties acquired by the parties during the marriage. B. The Defendant is gainfully employed and has the ability to earn a significant sum of money. 9. The Plaintiff filed a Temporary Restraining Order against the Defendant on [DATE], which [she/he] dismissed. Other than the aforesaid, there have been no previous proceedings between the Plaintiff and the Defendant respecting the marriage or its dissolution, or respecting the maintenance of the Plaintiff or the minor [child/children] in any court in any jurisdiction. 42 New Jersey Family Law Forms Chapter 2 INITIAL PLEADINGS New Jersey Family Law Forms.indd 42 12/27/ PM

14 WHEREFORE, the Plaintiff demands judgment as follows A. Dissolving the marriage between the parties; B. Awarding custody of the minor [child/children] of the marriage to the Plaintiff; C. Compelling the Defendant to contribute to the support of the minor [child/children] of the marriage; D. Compelling the Defendant to pay alimony to the Plaintiff and otherwise support the Plaintiff; E. Equitably distributing all properties, both real and personal, acquired by the Plaintiff, the Defendant, and the Plaintiff and the Defendant jointly, during the marriage; F. Awarding counsel fees and expert fees to the Plaintiff; G. Awarding compensatory and punitive damages for any injuries sustained by the Plaintiff; H. Granting injunctive relief; and I. Granting such other relief as this Court deems equitable and just. SECOND COUNT - BATTERED WOMAN S SYNDROME AND/OR POST TRAUMATIC STRESS DISORDER 1. The Plaintiff repeats and re-alleges all of the allegations contained in the First Count of her Complaint as if more particularly set forth herein. 2. The Plaintiff has been married to the Defendant since [YEAR]. Since the onset of the marriage, the Defendant has intentionally and/or negligently perpetrated psychological and verbal abuse upon the Plaintiff. The verbal and psychological abuse of the Defendant was recurring over an extended period of time. The particular acts of verbal and mental abuse committed by the Defendant and complained of by the Plaintiff are set forth in the First Count. 3. The psychological and verbal abuse committed by the Defendant paralyzed the Plaintiff from being able to defend herself or extricate herself from her abusive environment until now. 4. As a proximate cause and/or direct result of the Defendant's abuse, the Plaintiff has been severely and permanently injured and has been caused repeated and recurring psychological injury over an extended period of time. The Plaintiff has, in the past, and will in the future require INITIAL PLEADINGS Chapter 2 New Jersey Family Law Forms 43 New Jersey Family Law Forms.indd 43 12/27/ PM

15 medical attention and has incurred, or will incur, medical bills into the future to treat the injury caused by the Defendant. To limit the Plaintiff to a two-year statute of limitation would be unjust given her condition. The Plaintiff will be undergoing a formal evaluation and diagnosis. WHEREFORE, the Plaintiff demands judgment as follows A. Awarding compensatory damages to the Plaintiff; B. Awarding punitive damages to the Plaintiff; C. Awarding counsel fees and expert fees to the Plaintiff; D. Granting injunctive relief; and E. Granting such other relief as this Court deems equitable and just. THIRD COUNT - INTENTIONAL TORT 1. The Plaintiff repeats and re-alleges all of the allegations contained in the First and Second Counts of her Complaint as if more particularly set forth herein. 2. The Plaintiff has been married to the Defendant since [YEAR]. 3. From the onset of the marriage, the Defendant has perpetrated psychological and verbal abuse upon the Plaintiff. The verbal and psychological abuse of the Defendant was recurring over an extended period of time. A non-exhaustive summary of some of the many examples of the particular acts of verbal and mental abuse committed by the Defendant and complained of by the Plaintiff, and are set forth in the First and Second Counts. 4. The Defendant committed intentional torts against the Plaintiff by psychologically and verbally abusing the Plaintiff as described in the First and Second Counts of this Complaint. These acts were done with the intent to injure the Plaintiff and caused her severe and permanent injury. 5. As a direct and proximate result of the Defendant's abuse, the Plaintiff has been severely and permanently injured and has been caused repeated and recurring psychological injury. The Plaintiff has, in the past, and will in the future require medical attention and has incurred, or will incur, medical bills into the future to treat the injury caused by the Defendant. WHEREFORE, the Plaintiff demands judgment as follows A. Awarding compensatory damages to the Plaintiff; B. Awarding punitive damages to the Plaintiff; C. Awarding counsel fees and expert fees to the Plaintiff; D. Granting injunctive relief; and 44 New Jersey Family Law Forms Chapter 2 INITIAL PLEADINGS New Jersey Family Law Forms.indd 44 12/27/ PM

16 E. Granting such other relief as this Court deems equitable and just. FOURTH COUNT - NEGLIGENT TORT 1. The Plaintiff repeats and re-alleges all of the allegations contained in the First, Second, and Third Counts of this Complaint, as it more particularly set forth herein. 2. At various times and in various places during the marriage, as set forth in the First Count of this Complaint, the Defendant intentionally and or negligently verbally and emotionally abused the Plaintiff. 3. The aforementioned abuse consisted of extreme verbal berating and emotional torment by the Defendant. 4. The Defendant's constant degradation of the Plaintiff was intended by him to cause a complete loss of self-esteem and self-respect by the Plaintiff so that he could dominate and control her completely. 5. The Defendant steadfastly and steadily undermined the Plaintiff's self-confidence to the point where she tolerated gross verbal and emotional attacks and subjected herself to constant emotional torment in an effort to obtain the Defendant's approval and affection. 6. The Defendant's domination and abuse of the Plaintiff was so complete that the Plaintiff was paralyzed from taking any action to improve or alter the situation until the filing of this Complaint. 7. The Defendant's extreme conduct toward the Plaintiff caused the Plaintiff extreme mental anguish and torment. 8. The Defendant's actions were done intentionally and/or with reckless disregard for their effect on the Plaintiff and/or negligently, in such a way as to cause the Plaintiff severe damages. 9. As a direct result of the Defendant's abuse, the Plaintiff has been severely and permanently injured and has been caused repeated and recurring psychological injury. The Plaintiff has, in the past, and will in the future require medical attention and has incurred, or will incur, medical bills into the future to treat the injury caused by the Defendant. WHEREFORE, the Plaintiff demands judgment as follows A. Awarding compensatory damages to the Plaintiff; B. Awarding punitive damages to the Plaintiff; C. Awarding counsel fees and expert fees to the Plaintiff; INITIAL PLEADINGS Chapter 2 New Jersey Family Law Forms 45 New Jersey Family Law Forms.indd 45 12/27/ PM

17 D. Granting injunctive relief; and E. Granting such other relief as this Court deems equitable and just. FIFTH COUNT - INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 1. The Plaintiff repeats and re-alleges all of the allegations contained in the First, Second, Third, and Fourth Counts of her Complaint as if set forth at length herein. 2. The Plaintiff has been married to the Defendant since [YEAR]. Since early in the marriage, the Defendant has intentionally perpetrated psychological and verbal abuse upon the Plaintiff, which was intended to inflict emotional distress. The verbal and psychological abuse of the Defendant was recurring over an extended period of time. The particular acts of verbal and mental abuse committed by the Defendant and complained of by the Plaintiff are described in the First, Second, Third and Fourth Counts of this Complaint. 3. The Defendant was or should have been aware that his conduct was causing harm to the Plaintiff. The intentional and outrageous psychological and verbal abuse committed by the Defendant paralyzed the Plaintiff from being able to defend herself or extricate herself from her abusive environment until now. The distress experienced by the Plaintiff and inflicted by the Defendant, is so severe that it is unreasonable to expect the Plaintiff to endure it. 4. As a proximate cause and/or direct result of the Defendant s abuse, the Plaintiff suffered emotional distress, her ability to make a recovery or make positive progress in her then mental, emotional, and psychological condition was negatively impacted and she has been severely and permanently injured and has been caused repeated and recurring severe psychological injury over an extended period of time. The Defendant s intentional conduct has caused the Plaintiff severe and irreversible emotional and psychological distress. 5. The Plaintiff has, in the past, and will in the future require medical attention and has incurred, and will incur, medical bills into the future to treat the injury caused by the Plaintiff. WHEREFORE, the Plaintiff demands judgment as follows A. Awarding compensatory damages to the Plaintiff; B. Awarding punitive damages to the Plaintiff; C. Awarding counsel fees and expert fees to the Plaintiff; D. Granting such other relief as this Court deems equitable and just. SIXTH COUNT - NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS 46 New Jersey Family Law Forms Chapter 2 INITIAL PLEADINGS New Jersey Family Law Forms.indd 46 12/27/ PM

18 1. The Plaintiff repeats and re-alleges all of the allegations contained in the First, Second, Third, Fourth, and Fifth Counts of her Complaint as if set forth at length herein. 2. The Plaintiff has been married to the Defendant since [YEAR]. Since early in the marriage, the Defendant has negligently perpetrated psychological and verbal abuse upon the Plaintiff, which caused the Plaintiff to suffer emotional distress. The verbal and psychological abuse of the Defendant was recurring over an extended period of time throughout the marriage. The particular acts of verbal and mental abuse committed by the Defendant and complained of by the Plaintiff are described in the First, Second, Third, Fourth, and Fifth Counts of this Complaint. 3. The Defendant was aware or should have been aware that his conduct was causing harm to the Plaintiff. The negligent and outrageous psychological and verbal abuse committed by the Defendant paralyzed the Plaintiff from being able to defend herself or extricate herself from her abusive environment until now. The distress experienced by the Plaintiff and inflicted by the Defendant, is so severe that it is unreasonable to expect the Plaintiff to endure it. 4. As a proximate cause and/or direct result of the Defendant s abuse, the Plaintiff suffered emotional distress, her ability to make a recovery or make positive progress in her then mental, emotional, or psychological condition was negatively impacted, and she has been severely and permanently injured and has been caused repeated and recurring severe psychological injury over an extended period of time. The Defendant s negligent conduct has caused the Plaintiff severe and irreversible emotional and psychological distress. 5. The Plaintiff has, in the past, and will in the future require medical attention and has incurred, and will incur, medical bills into the future to treat the injury caused by the Defendant. WHEREFORE, the Plaintiff demands judgment as follows A. Awarding compensatory damages to the Plaintiff; B. Awarding punitive damages to the Plaintiff; C. Awarding counsel fees and expert fees to the Plaintiff; D. Granting such other relief as this Court deems equitable and just. JURY DEMAND The Plaintiff demands trial by jury as to the Second, Third, Fourth, Fifth and Sixth Counts only. [LAW FIRM NAME] INITIAL PLEADINGS Chapter 2 New Jersey Family Law Forms 47 New Jersey Family Law Forms.indd 47 12/27/ PM

19 Attorneys for Plaintiff [ATTORNEY NAME] DATED [DATE] TRIAL COUNSEL [ATTORNEY NAME], Esq., is hereby designated as trial counsel in this matter. [LAW FIRM NAME] Attorneys for Plaintiff [ATTORNEY NAME] DATED [DATE] CERTIFICATION [ATTORNEY NAME], of full age, certifies as follows 1. I am an attorney at law of the State of New Jersey and a member of the firm of [LAW FIRM NAME], attorneys for the Plaintiff. 2. Based upon my knowledge and belief, this matter in controversy is not the subject of any other action in the Superior Court of New Jersey and there is no other party who should be joined in this proceeding. I hereby certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. [LAW FIRM NAME] Attorneys for Plaintiff 48 New Jersey Family Law Forms Chapter 2 INITIAL PLEADINGS New Jersey Family Law Forms.indd 48 12/27/ PM

20 DATED [DATE] [ATTORNEY NAME] CERTIFICATION OF VERIFICATION AND NON-COLLUSION [PLAINTIFF NAME], of full age, certifies as follows I am the Plaintiff in the foregoing Complaint. The allegations of the Complaint are true to the best of my knowledge, information and belief. The Complaint is made in truth and good faith and without collusion for the causes as set forth therein. I hereby certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. DATED [DATE] [PLAINTIFF NAME] CERTIFICATION OF INSURANCE COVERAGE PURSUANT TO R. 54-2(f) [PLAINTIFF NAME], of full age, hereby certifies 1. I am the Plaintiff in the foregoing Complaint for Divorce. To the best of my knowledge and belief, the insurance coverage within this Certification represents all insurance coverage of the Defendant in this matter, our minor children, and me. 2. To the best of my knowledge and belief, none of the insurance coverage listed within this Certification was canceled or modified within the 90 days preceding the date of this Certification. Name of Company [COMPANY] Policy No [POLICY NO] Face Amount [FACE AMOUNT] Policy Owner [POLICY OWNER] LIFE INSURANCE Address [ADDRESS] Beneficiary [BENEFICIARY] Name of Insured [INSURED NAME] Policy Term [POLICY TERM] INITIAL PLEADINGS Chapter 2 New Jersey Family Law Forms 49 New Jersey Family Law Forms.indd 49 12/27/ PM

21 HEALTH INSURANCE Name of Insured [NAME] Name of Company [COMPANY] Address [ADDRESS] ID Number [ID NUMBER] Group No [GROUP NO] Coverage Type Single [ ] Parent-Child [ ] Family [ ] Optical [ ] Hospital [ ] Major Medical [ ] Dental [ ] Drug [ ] Diagnostic [ ] Check if made available through employment [ ] or personally obtained [ ]. AUTOMOBILE INSURANCE Name of Company [COMPANY] Address of Company [ADDRESS] Policy Number [POLICY NO] Policy Expiration Date [POLICY EXPIRATION DATE] Year/Make/Model of Vehicle [VEHICLE MAKE]/[VEHICLE MODEL]/[VEHICLE YEAR] Coverage Limits [COVERAGE LIMITS] Lawsuit Threshold [ ] Yes [ ] No Umbrella Coverage [ ] Yes [ ] No Umbrella Coverage Amount $[UMBRELLA COVERAGE AMOUNT] Drivers of Vehicle [DRIVER NAME] Lienholder/Lessor (if applicable) [LIENHOLDER NAME] Address of Lienholder/Lessor [ADDRESS] Use of Vehicle [ ] Personal [ ] Business [ ] Personal and Business HOMEOWNERS INSURANCE Name of Company [COMPANY] Address [ADDRESS] Policy No [POLICY NO] Expiration Date [POLICY EXPIRATION DATE] Address of Covered Residence [ADDRESS] Coverage Limits [COVERAGE LIMITS] 50 New Jersey Family Law Forms Chapter 2 INITIAL PLEADINGS New Jersey Family Law Forms.indd 50 12/27/ PM

22 Umbrella Coverage [ ] Yes [ ] No Umbrella Coverage Amount $[UMBRELLA COVERAGE AMOUNT] Mortgagee (if applicable) [MORTGAGEE] Riders to Policy [ ] Jewelry [ ] Furs [ ] Artwork [ ] Other I certify that all of the foregoing statements made by me are true. I am aware that, if any of the foregoing statements made by me are willfully false, I am subject to punishment. DATED [DATE] [PLAINTIFF NAME] CERTIFICATION OF NOTIFICATION OF COMPLEMENTARY DISPUTE RESOLUTION ALTERNATIVES PURSUANT TO R. 54-2(h) [ATTORNEY NAME], of full age, certifies as follows 1. I am an attorney at law of the State of New Jersey and a member of the firm of [LAW FIRM NAME], attorneys for the Plaintiff. 2. I am making this Certification pursuant to New Jersey Court Rule 54-2(h). 3. I have provided the Plaintiff with a copy of the document entitled Divorce -- Dispute Resolution Alternatives to Conventional Litigation. 4. I have discussed with the Plaintiff the complementary dispute resolution alternatives to litigation contained in that document. I hereby certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. DATED [DATE] [ATTORNEY NAME] CERTIFICATION OF NOTIFICATION OF COMPLEMENTARY DISPUTE RESOLUTION ALTERNATIVES PURSUANT TO R. 54-2(h) INITIAL PLEADINGS Chapter 2 New Jersey Family Law Forms 51 New Jersey Family Law Forms.indd 51 12/27/ PM

23 [PLAINTIFF NAME], of full age, certifies as follows 1. I am the Plaintiff in the foregoing Complaint for Divorce. 2. I am making this Certification pursuant to New Jersey Court Rule 54-2(h). 3. I have read the document entitled Divorce -- Dispute Resolution Alternatives to Conventional Litigation. 4. I have thus been informed as to the availability of complementary dispute resolution alternatives to litigation. I hereby certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. DATED [DATE] [PLAINTIFF NAME] 52 New Jersey Family Law Forms Chapter 2 INITIAL PLEADINGS New Jersey Family Law Forms.indd 52 12/27/ PM