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.
QUICK LINKS
See LEGAL FORMS for direct links.
MORE INFORMATION
Congratulations. You've received divorce papers from your spouse.
New Jersey law states that you, the defendant, must "answer" within 35 days. This means that you must answer in writing. You must file your paperwork with the court and send a copy to the plaintiff's attorney (or directly to the plaintiff, if he or she is a pro se litigant).
Refusing to file an answer is like forfeiting a game; if you refuse to play, your spouse may win by default, and the court may grant all of your spouse's demands.
Although Legal Services of New Jersey's Self-Help Guide is written for plaintiffs, it has a section on what plaintiffs should expect from defendants. I suggest that you read it so that you'll know about the deadlines your spouse is hoping you'll miss and the papers your spouse is hoping you won't file.
LEGAL FORMS
Your response to the plaintiff's Complaint for Divorce must follow a certain format using legal forms. Let's talk now about the paperwork that a defendant files:
First of all, each form must be typed or printed on 8 1/2" X 11" white paper only.
Secondly, the following information is printed along the top of every form:
- Your name, address, telephone number, and which litigant you are (Defendant Pro Se)
- The names of the plaintiff and the defendant *
- The county court where the divorce was filed *
- Docket number *
Here's an example of a typical page header:
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Now, here's a list of the legal forms I was instructed to use for my own case. Remember, your situation might require slightly different forms. Click on each link below for more information and sample forms:
- Answer and Counterclaim for Divorce
- Certification of Verification and Non-Collusion
- Certification of Insurance Coverage
- Confidential Litigant's Statement
- CDR Certification
- Certification of Service
Always check first with your lawyer or the Family Division to find out which papers you should file. I was responding to a divorce complaint based on irreconcilable differences. Your circumstances might call for slightly different legal forms.
FILING FEE / WAIVER
The paperwork alone isn't enough. A filing fee is required, too. The papers aren't considered "filed" if this fee isn't paid, unless a judge grants a filing fee waiver.
Click on this link for more information:
FILE PAPERS AT COURTHOUSE
Once the paperwork was ready, I had to make at least three copies.
I had to keep one copy for myself.
Then I had to bring the original, another copy, a self-addressed stamped envelope, and my filing fee to the courthouse. You might have to turn in your paperwork to either the Family Intake Department or the cashier, depending on whether you owe a filing fee.
At the courthouse where I go, the staff checks the paperwork to make sure everything is in order. Then they stamp it "received." However, "received" doesn't mean the paperwork has been "filed." Later, they stamp it "filed" and mail the one copy to me in the self-addressed envelope I gave them.
Along with your paperwork, you also may need to file a Certification of Service.
SERVE PAPERS
When I filed my papers at the courthouse and paid the fee, I also had to serve the plaintiff's lawyer with the papers, which simply means that I sent copies of my papers to the other party's lawyer. (Do not serve the plaintiff directly unless he or she is self-representing.)
Do NOT include a copy of your Confidential Litigant's Statement in the papers you serve upon the plaintiff's lawyer!
I served papers upon the plaintiff's attorney on the same day that I filed them at the courthouse.
Serving your papers upon the lawyer via certified mail with return receipt requested is recommended so that you'll have proof of service from the post office. Remember to include the tracking number and other information on your Certification of Service form.
You might be required to also send papers via ordinary mail as well. (See NJ Rule 5:4-4.) Check with your lawyer or contact the Family Division to find out whether you need to mail your papers both ways.
Legal Services of New Jersey gives instructions for plaintiffs serving defendants with papers. Maybe defendants will find some of that information helpful, too.
(Step #3 coming soon...)
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