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, a filing letter to the court, a Certification of Notification of Complementary Dispute Resolution, a Confidential Litigant Information Sheet, a Certification of Insurance, and a Case Information Statement.

Without question, there are several 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 an experienced family law attorney before forwarding any documents to the court, as those documents will be relied on by the court in determining how your divorce is decided.

The Complaint for Divorce and Establishing Grounds

The Complaint for Divorce is the legal document wherein you set forth the grounds for the dissolution of your marriage. New Jersey is a ”no-fault” state, which means you do not need to say anything bad about the other person to obtain your divorce.

You can simply allege in your complaint that you and your spouse have experienced Irreconcilable Differences. This simply means that the two of you have grown apart; no other reasons or supporting statements need to be supplied to the court.

Mandatory Accompanying Forms and Disclosures

In addition to the complaint, several other essential documents must be supplied to the court system to successfully initiate the litigation process.

Certification of Complementary Dispute Resolution (CDR)

The Certification of Complementary Dispute Resolution form is an acknowledgment that you have been made aware that there are alternate 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 amicably by way of mediation or by utilizing a collaborative divorce process.

Confidential Litigant Information Sheet

The Confidential Litigant Information Sheet is designed to help the courts process your case and collect payments that you may be entitled to. By way of example, if you are going to be receiving child support, this sheet provides detailed personal information that allows the courts to assist you in monitoring and collecting any monies that may be owed to you.

Certification of Insurance Form

The Certification of Insurance form is designed to let the courts know all of the applicable insurance policies that are actively in place at the time of filing the complaint for divorce. This is critical information to supply 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 such insurance is terminated, the court will easily detect the change because all requisite disclosures regarding the applicable coverage were previously recorded in this initial form.

The Case Information Statement (CIS)

The Case Information Statement is very similar to a "tax return for divorce court." This comprehensive statement sets forth with specificity the standard of your marital lifestyle. In this document, you are required to denote:

• Monthly Marital Expenses: Regular household costs such as mortgage payments, utilities, and transportation expenses (car payments, car insurance, etc.).

• Personal Expenses: Individual monthly allocations for food, haircuts, dining out, and clothing.

• Assets: A full listing of all marital holdings, including the family home, bank accounts, 401k/retirement plans, and physical property.

• Liabilities: All outstanding debt, including credit card balances, personal loans, and primary or secondary mortgages.

The courts utilize the Case Information Statement to determine how to equitably distribute the marital assets and whether or not an award of alimony and/or child support is warranted.

Submitting Your Packet: The Filing Letter and Court Fees

The filing letter to the court simply acts as a cover page, setting forth all the legal documents that are being enclosed along with the Complaint for Divorce. When mailing this packet, you must also enclose the requisite New Jersey state filing fee.

Get Experienced Legal Guidance to Avoid Mistakes

The family law attorneys at Villani & 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 this paperwork seamlessly.

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 our office.