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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When you file your Answer and Counterclaim, you must pay the court a filing fee, unless you're granted a filing fee waiver.
Filing Fee
When I filed an Answer and Counterclaim, the filing fee was $175 plus a $25 fee to cover mandatory enrollment for parents in the Parents' Education Program. However, filing fees are subject to change, and the amount you pay depends on the document(s) you're filing. All filing fees, including the extra charge for parents, must be paid by the 35-day deadline. If you don't pay your fee by the deadline, your Answer and Counterclaim may be rejected.
Filing fees are listed on the New Jersey Courts website:
Click on Rule 1:43 - Filing and Other Fees Established Pursuant to N.J.S.A. 2B:1-7 and scroll down to Superior Court, Law Division, Chancery Part Family.
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For a PDF copy of the fees, go to 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 will see another link for Superior Court, Chancery Division, Family Part.
Remember, fees are subject to change. Contact the Family Division to make sure you understand which fee is required from you.
When you call the Family Division, remember to ask which methods of payment the cashier will accept. I read that I had to purchase a money order to cover my filing fee. When I brought it to the courthouse, the cashier said she could've accepted cash. However, the payment policy could be different at every courthouse. If you are allowed to pay in cash, be sure to obtain a receipt of payment to keep in your own records.
If you plan to pay with a personal check, be aware that "starter" checks for newly-opened bank accounts might not be accepted because your name and address are not pre-printed on them. The courthouse cashier wouldn't accept my starter checks. Later, I discovered that my bank will print out a personal check with the account holder's name and address. Ask your bank about this option.
Filing Fee Waiver
As you can see, filing fees can be costly. However, a judge might grant you a filing fee waiver if you can demonstrate financial need.
At the courthouse where I go, the Family Division staff hands out filing fee waiver forms. The form the staff gave me is available on the NJ State Judiciary website right here: Filing Fee Waiver Request (PDF). One staff member recently told me that this online form is an older version that's still accepted. But, for the record, it's exactly the same form the staff gave me in person a short time ago.
You must complete the filing fee waiver form and attach documentation showing that you have financial need. Contact the Family Division to ask about the proper documentation to attach. The staff suggested that I attach a current bank statement, but I was too late to request a waiver, which brings me to the next very important point:
Apparently, you're supposed to allow 1-2 weeks for a judge to make a decision on your request for a waiver. I checked and rechecked my paperwork every single day until the 35-day deadline, and then I brought it to the courthouse on the last day. That's when I found out that, if the judge denies your filing fee waiver request, your papers could be marked "received" but not "filed."
So, turning in your papers by the deadline isn't enough. You also must pay the entire filing fee by that date. If you turn in your paperwork along with a filing fee waiver request that the judge rejects, your papers might not be considered "filed." That is, you will have missed your deadline, and your answer may be rejected completely. I couldn't take that risk, so I paid the whole fee.
I can't tell you what to do. But, if I could travel back in time, I would file my Answer and Counterclaim, along with a filing fee waiver request, two weeks before the 35-day deadline. In that way, I would've had either an approval or a rejection from the judge before the deadline.
Legal Services of New Jersey has more information on filing fee waivers on their webpage, Help with Court Fees.
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