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How to File for Divorce in New Jersey 2020

Posted by Vincent C. DeLuca | Oct 13, 2020 | 0 Comments

In order to file for divorce in New Jersey a number of forms need to be completed.  Those forms consist of a Complaint for divorce, filing letter to the court, Certification of Notification of Complimentary Dispute Resolution, Confidential Litigant Information Sheet, Certification of Insurance, and Case Information Statement.

The complaint for Divorce is the document wherein you set forth the grounds for the divorce.  New Jersey is a” no-fault” state which means you do not need to say anything bad about the other person in order to obtain your divorce.  You can simply allege in your complaint that you and your spouse have experienced Irreconcilable Differences, which simply means that the two of your have grown apart, no other reason or supporting statements need to be supplied.

In addition to the complaint the various other documents referenced above also need to be supplied.  The Certification of Complimentary Dispute Resolution form is simply an acknowledgement that you have been made aware that there are other ways to process the divorce besides litigating through the courts. This form merely confirms the fact that you are aware that you can resolve your divorce by way of mediation or by utilizing a collaborative divorce.

The confidential litigation information sheet is designed to help the courts process and collect payments that you may be entitled to. By way of example if you are going to be receiving child support the confidential litigant information sheet may provide detailed information and allow the courts to assist you in  collecting any monies that may be owed to you.

The certification of insurance form is designed to let the courts know what all of the applicable insurances that are in place at the time of the filing the complaint for divorce.  This is important information to be supplied to the court because it is not permitted for one spouse to terminate any type of insurance coverage such as automobile insurance or health insurance during the pendency of a divorce proceeding.   If in fact such insurance is terminated the court will be able to detect same as a result of the fact that all of the requisite disclosures regarding the applicable insurance coverage was previously made and contained in the certification of insurance form.

The case information statement is very similar to a tax return for divorce court.   This statement sets forth with specificity the marital lifestyle.   In this statement it is required that you denote all of the marital expenses that are paid on a monthly basis such as mortgage payment, utilities, transportation related expenses such as car payment, car insurance etc.   Additionally, this statement requires you to set forth your personal expenses such as the amount of monies that are allocated for food on a monthly basis, haircuts, restaurants etc.   The form also has sections related to listing all of your assets and all of your liabilities. Assets would include the marital home , 401K accounts etc. Liabilities would include credit card debt, outstanding balances owed on any mortgages etc. The courts utilized the case information statement and determining how to both distribute the marital assets and whether or not an award of alimony and or child support is warranted.

The filing letter to the court simply sets forth all the documents that are being enclosed along with the complaint for divorce and must also enclose the requisite filing fee.

Without question there are a number of documents that need to be filed in order to process a complaint for divorce successfully. For that reason, it is strongly recommended that you speak to a experienced family law attorney prior to forwarding any documents to the court as those documents will be relied on by the court in determining how your divorce is decided.

The family law attorneys at Villani and DeLuca file numerous complaints for divorce with the courts throughout New Jersey on a weekly basis. They are intimately familiar with the proper way in which to complete all of the paperwork. We would be more than happy to discuss how to properly file for divorce with you during a free initial divorce consultation. Should you have any questions please feel free to call the office.

About the Author

Vincent C. DeLuca

Vincent C. DeLuca, a partner of the firm, devotes the entirety of his practice to family law. Vince is a trained divorce mediator and collaborative divorce attorney. Vince is certified by the Supreme Court of New Jersey as a matrimonial law attorney. Less than .002% of all practicing attorneys in...


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