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.
Option #2 - Legal Services of New Jersey
Legal Services of New Jersey offers free legal advice to low-income residents of New Jersey. You must contact LSNJ directly to find out if you qualify for help. Call the LSNJ Statewide Hotline or try one of the regional offices. Another option is to apply online at LSNJLAW Hotline Web Intake, if you're willing to wait two business days for someone to contact you.
The first time I called LSNJ, I waited longer than an hour on hold. Then a woman asked me a series of questions. I have never collected any form of government assistance in my entire life, but she determined that I was economically disadvantaged and, therefore, eligible to speak with an attorney. She asked for my telephone number and arranged for one to call me at an appointed time.
I created a list of questions in advance about my case. The lawyer called me, as scheduled, and answered those questions. Although we spoke only once, she was very helpful.
However, LSNJ attorneys are limited in their assistance to you. First, they will not speak with you unless you qualify as a low-income New Jerseyan. Secondly, even if they can give you free legal advice, they might not be able to represent you. That's what one LSNJ lawyer told me. I e-mailed LSNJ to request further clarification on this policy, but I did not receive a reply. So, check with LSNJ directly to ask whether an attorney can represent you pro bono (free-of-charge). Just be aware that, even with LSNJ's help, you still may end up as a pro se litigant representing yourself.
Fortunately, LSNJ publishes a handy book for everyone to use: Divorce in New Jersey: A Self-Help Guide. This book offers instructions as well as prewritten legal forms for you to use in filing for divorce. You can purchase it through LSNJ, or you might qualify for a free copy. You also might find a copy at your local public library. I used an older edition of the book available to the public at the courthouse, where many people photocopy LSNJ's legal forms to use in their cases.
There is a free web version of the book on the LSNJ website; it includes the instructions for filing a divorce, but not the prewritten legal forms. There also is a free PDF version online, but it doesn't contain the legal forms, either. The instructions alone are very helpful, but if you want the legal forms, you have to either buy or borrow the book.
The LSNJ guide itself is somewhat limited, too. It contains instructions on filing for divorce based on separation, irreconcilable differences, desertion, or extreme cruelty. It does not provide information on divorces based on other grounds, such as adultery.
(As you might already know, many people opt for no-fault divorce even when there is fault involved. You could do the same if you prefer to keep private matters private.)
Notice I wrote that LSNJ's Self-Help Guide contains information on filing for divorce. That is, the book is intended for plaintiffs; most (though not all) of the legal forms in the book are written for a plaintiff. Nevertheless, defendants are using the forms, too. Many are photocopying LSNJ's legal forms, crossing out the word Plaintiff, writing in Defendant, and making other changes by hand. I used the most important LSNJ legal forms as samples only. I made photocopies but used them only as guides for composing my own statements at home.
Still, this means that LSNJ's assistance is limited in yet another way: Its attorneys help only plaintiffs (the people who file for divorce), not defendants. After my first call to LSNJ, my spouse filed for divorce. When I called LSNJ a second time, they refused to speak with me. Once the other party files for divorce, the woman told me, the case is considered active, and LSNJ cannot become involved. If, however, I were the one who filed for divorce, she said, the attorneys would have continued to give me legal advice.
So, it seems the best idea is to be the plaintiff.
The staff at the courthouse often recommends LSNJ to me, and they're always surprised to hear that I was refused help because I'm a defendant. Therefore, either this policy is not well-known, or someone at LSNJ misinformed me. Please contact LSNJ to check for yourself.
Anyway, because of LSNJ's policy, I decided to create this blog. I am not a lawyer, but at least I can share my personal experiences here as a defendant in the hope that other defendants may find the information helpful.
Luckily, other sources, such as the New Jersey State Judiciary, also provide legal instructions and sample court-ordered forms. I will link you to some of those sources as I share my own personal experience with the step-by-step process as a defendant in a New Jersey divorce case.
Option #3 - Consultants and Ghostwriters >>>
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