DISCLAIMER The comments on this blog are the opinions of the blogger based on personal experience as a defendant in a divorce case. Please note that the information here does not constitute legal advice. I am not a lawyer. It is strongly recommended that you hire a family law attorney, licensed to practice in your state, to represent you and to help guide you through the complicated process of divorce.
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Divorce cases are heard in a type of court known as Superior Court. There's a Superior Court in every county in New Jersey, and each one has a Family Division department that handles divorce cases.
If you need to file for divorce and you have no legal representation, contact Legal Services of New Jersey.
Whoever files for divorce is the plaintiff. Legal Services of New Jersey's Self-Help Guide provides easy instructions to plaintiffs on how to file for divorce.
If your spouse files for divorce before you do, then you're the defendant. Your spouse (or his/her lawyer) filed the necessary papers at a courthouse and had copies delivered to you. Here are the documents you probably received:
This paper informs you that your spouse has filed a lawsuit (divorce) against you. It also gives you the name of the county where the lawsuit was filed. It should state that you have 35 days to respond, and it should include a listing of offices for you to call for legal help. Click here for a PDF of a Summons on the New Jersey State Judiciary website.
This document is an outline of your spouse's case against you. The Complaint for Divorce is filed based on grounds, such as irreconcilable differences.
In numbered paragraphs, the Complaint begins with basic information, such as the date of your marriage and the number of children you have together. The paper goes on to explain your spouse's reasons for filing for divorce. It ends with demands for judgments (in favor of your spouse, of course).
Don't be alarmed if your spouse demands that you cover his/her legal fees. This request is standard. You will make the same demand.
Affidavit of Insurance Disclosure
Another document you may have received from your spouse is an Affidavit of Insurance Disclosure which details "all known insurance coverage of the parties and their minor children." NJ Rule 5:4-2(f) requires each party to submit information about insurance coverage.
Still other pages will include certifications with your spouse's signature, essentially stating that he/she is telling the truth and understands what he/she is doing.
Filing Fee
In addition to the paperwork, the plaintiff had to remit a filing fee (unless he or she was granted a waiver). You, the defendant, also will need to remit filing fees along with your paperwork. We'll talk more about fees and fee waivers at the next step.
The New Jersey Courts maintain a website called Represent Yourself in Court (Pro Se): Self-Help Resource Center. On that page, there is a menu on the right with a link to Court Fees. If you follow that link, you'll find fees listed for the Superior Court, Chancery Division, Family Part.
Filing fees also are listed under Rule 1:43 - Filing and Other Fees Established Pursuant to N.J.S.A. 2B:1-7. Click on the link and scroll down to Superior Court, Law Division, Chancery Part Family.
Of course, any fee is subject to change. Contact the Family Division to make sure you understand which fee is required.
Legal Services of New Jersey's Self-Help Guide has an entire chapter on the legal papers a plaintiff must use to file for divorce.
*** IMPORTANT ***
The DEFENDANT must file an answer within 35 days at the same county courthouse where the PLAINTIFF filed for divorce.
Go to Step #2 - Defendant Files Answer & Counterclaim >>>
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