NEW JERSEY DIVORCE PAPERS WITH SAMPLES AND EXPLANATIONS

The documents listed below are the primary documents for a New Jersey uncontested divorce. You will notice that some of the documents apply to children. If you do not have minor children, these documents are typically not required when filing for divorce in New Jersey.

Understanding the New Jersey Divorce Papers:

• Cover Letter to Clerk: This letter to the filing clerk accompanies the original and two copies of the Complaint for Divorce and attached certification of verification and non-collusion.
• Case Information Sheet: The Civil CIS is included in each party's first pleading, which means the plaintiff must file it with the Complaint and the defendant must file it with the Answer/Appearance. If it is not included, the papers are returned. The CIS summarizes the case and alerts the court to any special needs of the parties.
• Case Information Statement (Plaintiff): This 10-page form details the financial position of the plaintiff. The required information includes the plaintiff's' income, a budget of the couple's joint life style expenses, a budget of his or her current life style expenses including the expenses of any children, if applicable, an itemization of the amounts that may be paid in support of a spouse/partner or children, a summary of the value of all assets referenced on page 8. The Case Information Sheet helps establish a lifestyle, which is an important component of alimony/spousal support and child support. It is also very important that you attach copies of relevant documents, including your most recent tax returns with W-2 forms, 1099s and three most recent pay stubs.
• Case Information Statement (Defendant): This provides the same financial information for the defendant.
• Verified Complaint for Divorce: The Complaint is used to motion the court for the divorce. It will establish jurisdiction for the case, declare the grounds for the divorce, and request any relief.

Sample Verified Complaint for Divorce for New Jersey (first page only)

• Summons: The Summons informs the defendant that he or she must answer the Complaint for divorce in 35 days or the court may enter a judgment against him or her for the relief plaintiff demands, plus interest and costs of suit.
• Certification of Insurance Coverage: Either the plaintiff or the defendant in a divorce action completes this form, which certifies the continuation of life, health, automobile and homeowners' insurance.
• Marital Settlement Agreement: This agreement between the husband and wife sets forth the terms and conditions of the divorce, including the division and distribution of assets and liabilities, spousal and child support and visitation.

Sample Marital Settlement Agreement for New Jersey (first 2 pages only)

• Schedule for Visitation/Parenting Time of Minor Children: This form spells out the custody regime and establishes the visitation routine for the custodial and noncustodial parent.
• Appearance: In an uncontested divorce, the defendant files this form to avoid a default judgment against him or her. It provides the court with a answer to the Complaint.

Sample Appearance for New Jersey (full document)

• Child Support Calculation Procedures: This is a guideline that spells out the procedures for calculating child support.
• Shared Child Support Worksheet: The Shared Parenting Worksheet for children who are with each parent for the equivalent of more than two overnight periods per week. In shared parenting arrangements, courts designate one parent as the parent of primary residence and the other parent as the parent of alternative residence. The PPR is the parent with whom the child spends more overnight time, or if time is equal, the parent with whom the child resides with while attending school.
• Sole Child Support Worksheet: This worksheet is for a sole parenting routine, where the parent with whom the children live the majority of the time receives a higher percentage of the total income available for support. The courts presume that this parent pays more direct costs of child rearing and has higher fixed expenses (primarily housing expenses). In general, you should use the Sole Parenting Worksheet if one parent has physical custody of the children and the other parent is exercising "PAR" (parent of alternate residence) time that is less than two regular overnight visitation periods - or two visitation periods of more than 12 hours each - per week. In most cases, a non-custodial parent who pays support according to the Sole Parenting Worksheet receives an adjustment based on the amount of PAR time for payment of variable expenses such as food and transportation during visitation. The non-custodial parent can also seek a partial reduction of support during extended holiday or vacation visitation periods of five or more overnights.
• Child Care Cost Worksheet: The Child Care Worksheet incorporates the Federal Child Care Tax Credit into support calculations.
• Child Support Award Schedule: This schedule shows support awards based on the number of children and the net weekly income of the parents.
• Tax Withholding Schedule: This schedule reveals the tax obligations of spouses.
• Financial Statement for Summary Support Actions (Plaintiff): This financial statement by the plaintiff details gross weekly income, weekly exemptions and other dependent deductions, credit for child care expenses and income paid to a child in the name of the parent as well as health insurance benefits.
• Financial Statement for Summary Support Actions (Defendant): This financial statement by the defendant is the same as the plaintiff's financial statement.
• Declaration Under the Uniform Child Custody Jurisdiction Act: This form details the five-year residential history of children involved in a divorce. It establishes that children over the age of six months have lived in New jersey for at least the last six months, or that children under the age of six months have lived in the state since birth; that "on information and belief," no other legal proceedings or court orders involving the custody or visitation of the children, and that there are no other custody cases pending in New Jersey or other jurisdictions.
• Judgment of Divorce: This one-page order ends the marriage and often incorporates the Marital Settlement Agreement as part of the final court order granting the divorce.

Sample Judgment of Divorce for New Jersey (first 2 pages only)