How to File for a Divorce in New Jersey

Filing for divorce in NJ is relatively simple.  If you hire a divorce attorney in Freehold, NJ, he or she will prepare, file, and serve your divorce papers for you.  If you want to know how to file for divorce in NJ on your own, continue reading.

First, you should understand that “filing for divorce in NJ” generally refers to “filing a complaint for divorce.”   This is usually the first step to getting a divorce in New Jersey.  To file for divorce in New Jersey you must prepare the appropriate paperwork and file it with the court.  If you do everything correctly, the court will mark a copy of the papers as “filed.”  They will mail you back a copy of the filed papers and then you must serve the complaint on your spouse.

How to File for Divorce in New Jersey

To file for a divorce in New Jersey, you must prepare a Complaint for Divorce.  The Complaint for Divorce must include the following documents:

1. Complaint for Divorce

The first thing you need to prepare to file for a divorce in NJ is the “Complaint for Divorce.”  The complaint provides the basis for the divorce and what you are seeking from the divorce.  This is what a Sample NJ Complaint for Divorce looks like.  This sample complaint is based on irreconcilable differences.

2. Verification and Certification of Non-Collusion

The next item that is filed for a divorce in New Jersey is a “Verification and Certification of Non-Collusion.”  The certification is self-explanatory and looks like this: Sample NJ Certification of Non-Collusion.

3. Certification Pursuant to Rule 5:4-2(h)  

This certification is the third document filed with your complaint for divorce in New Jersey.  Before filing for divorce, you must be informed about the availability of complementary dispute resolution as alternatives to litigation.  Before signing the certification, you can read the literature regarding dispute resolution alternatives here http://www.judiciary.state.nj.us/notices/2006/n061204.pdf

Here is a Sample ADR Certification.

4. Affidavit of Insurance Coverage

Next, you’ll need to prepare an affidavit of insurance coverage.  This document lists all insurance policies you and your spouse have in place at the time you file for divorce.  It also states any policies that have been cancelled within the last 90 days.  The affidavit looks like this: Sample NJ Affidavit of Insurance Coverage.

5. Confidential Litigant Information Sheet

Finally, the last document that must be included to file for divorce in New Jersey is the Confidential Litigant Information Sheet.

6. Process for Filing

Once you have complied these documents, you should send one original and two copies to the appropriate court house.  Additionally, you’ll need to include a check with the appropriate payment. Depending on whether or not custody is an issue in your case, the filing fee is $300 or $325.  You’ll also want to include a self-addressed and stamped envelope so that the court can mail you back a copy of your filed paperwork.   Once you receive your complaint back from the court (which will be marked “filed”) you must serve the complaint along with a summons.