Every divorce case in New Jersey requires certain core documents, regardless of your specific circumstances. These foundational forms initiate your divorce case and provide the court with basic information.
Complaint for Divorce
This legal document officially starts your divorce lawsuit in the Family Division of the Superior Court. The complaint includes your information, your spouse's information, grounds for divorce, and what you're asking the court to order regarding child custody, child support, alimony, and property division. New Jersey courts provide different complaint forms depending on your grounds for divorce, with separate versions for irreconcilable differences, extreme cruelty, separation, and other grounds.
Summons
The summons is the official notice to your spouse that a divorce complaint has been filed against them. It explains where and how they must respond to the complaint and provides the deadline for filing a response. The summons must be properly served on your spouse according to New Jersey court rules.
Certification of Verification and Non-Collusion
By signing this document, you swear under oath that the information in your divorce complaint is true, that you're not filing the complaint for secret, illegal, or dishonest reasons, and that no other legal actions or arbitrations are pending regarding your case.
Case Information Statement (CN 10482)
This comprehensive financial disclosure form must be filed by both parties if custody, child support, alimony, or equitable distribution of property are in dispute. The Case Information Statement provides detailed information about income, expenses, assets, and debts.
Where to Find New Jersey Divorce Forms
Several sources provide access to official New Jersey divorce forms, offering options that fit different needs and budgets.
New Jersey Courts Website
The official New Jersey Courts website (njcourts.gov) offers free downloadable divorce forms in the self-help section. You can access complaint forms, case information statements, financial affidavits, and many other documents needed for divorce in New Jersey. Forms with CN numbers can be downloaded directly from the judiciary website.
Legal Services of New Jersey (LSNJ)
LSNJ provides a free divorce guide that explains how to file for divorce, dissolve a civil union, or terminate a domestic partnership if your reason is irreconcilable differences, separation, desertion, or extreme cruelty. They also sell a complete divorce kit for $25 that includes instructions and all required forms.
Superior Court Office of the Ombudsmen
You can obtain required forms and instructions in person at your county courthouse. Contact your local court ombudsman for information and guidance. The ombudsman is a neutral staff person who answers questions and helps guide court users through the system, though they cannot provide legal advice.
County Law Libraries
Many county courthouses have law libraries where you can access forms, reference materials, and sometimes computers for completing documents.
Forms for Different Divorce Situations
The specific New Jersey divorce forms you need depend on your circumstances, particularly whether you have children, significant assets, or disputes about custody and support.
Uncontested Divorce Forms
If you and your spouse agree on all issues, you'll need the basic complaint, summons, verification certification, and potentially a property settlement agreement. Your spouse may sign a Waiver of Process and Entry of Appearance, acknowledging receipt of divorce papers and agreeing to participate without formal service.
Contested Divorce Forms
When issues are disputed, additional forms become necessary, including detailed financial disclosure statements, expert witness designations, discovery demands, interrogatories (written questions), and various motions requesting court intervention on specific issues.
Cases Involving Children
Divorces with minor children require additional documentation, including child support worksheets (either sole parenting or shared parenting version,s depending on custody arrangements), parenting time schedules, and custody plans outlining where children will live and how decisions will be made.
Financial Disclosure Forms
New Jersey requires comprehensive financial disclosure in divorce cases, ensuring fair decisions about support and property division.
Case Information Statement (Form 3A)
This detailed form requires listing all sources of income including wages, bonuses, commissions, rental income, investment income, and other earnings. You must also itemize monthly expenses for shelter, transportation, food, insurance, childcare, and personal needs. Finally, you'll list all assets including real estate, vehicles, bank accounts, retirement accounts, and investments, along with all debts and liabilities.
Confidential Litigant Information Sheet (Form 3B)
This form provides personal identifiers the court needs including Social Security numbers, driver's license information, and other private details. Because it contains sensitive information, this form is kept confidential and not accessible to the public.
Affidavit of Insurance Coverage
You must disclose all insurance policies including health insurance, life insurance, disability insurance, homeowner's or renter's insurance, and vehicle insurance. This ensures proper consideration of insurance costs and coverage in your divorce settlement.
Child-Related Forms
When your divorce case involves minor children, specific forms address custody, parenting time, and child support calculations.
Child Support Worksheets
New Jersey provides two versions. The Sole Parenting Worksheet (Appendix IX-C) applies when children spend fewer than 104 overnights per year with one parent. The Shared Parenting Worksheet (Appendix IX-D) is used when children spend at least 104 overnights per year with both parents and have separate living accommodations at each residence.
Custody and Parenting Time Plan
This form outlines proposed custody arrangements, including legal custody (decision-making authority), physical custody (where children primarily reside), parenting time schedules for weekdays, weekends, holidays, and vacations, and provisions for decision-making about education, healthcare, and religion.
Parent Education Program Certificate
New Jersey requires divorcing parents to complete a parent education program. You must file proof of completion with the court.
Settlement and Agreement Forms
When you and your spouse reach agreements on divorce issues, specific forms document these arrangements.
Separation and Property Settlement Agreement
This comprehensive document outlines how you'll divide property, assets, and debts. It may also address spousal support, custody arrangements, and other matters. Once approved by the court, this agreement becomes part of your final divorce judgment.
Marital Settlement Agreement
Similar to a property settlement agreement, this document resolves all issues in your divorce, including custody, support, and property division. When both parties sign and the court approves, it eliminates the need for a trial.
Consent Order
When you reach an agreement on specific issues during your divorce case, a consent order memorializes these agreements and requests court approval.
Court Proceeding Forms
As your divorce case progresses through various stages, additional forms may become necessary.
Motion Forms
When you need the court to decide specific issues before your final divorce judgment, you file motions. Common motions include requests for temporary support, custody orders, exclusive use of the marital home, or other emergency relief. Motion forms require a Notice of Motion, supporting certification or affidavit, and proposed order.
Discovery Forms
If you need information from your spouse, you'll use discovery forms including interrogatories (written questions), requests for production of documents, and notices of deposition.
Request for Default Hearing
If your spouse doesn't respond to the divorce complaint within the required timeframe, you can request a default hearing where the court may grant your divorce without your spouse's participation.
Filing Your Divorce Forms
Understanding proper filing procedures ensures your divorce case starts correctly and avoids delays.
Where to File
File your forms in the county in New Jersey where you lived when you separated. If you no longer live in New Jersey, file in the county where your spouse lives. You must be 18 years old to file a complaint for divorce.
Electronic Filing
New Jersey courts use the Judiciary Electronic Document Submission (JEDS) system for electronic filing. If you file electronically, upload each required document as a separate file rather than combining them into one attachment.
Filing Fees
New Jersey charges filing fees for divorce cases. If you cannot afford the fees, you can request a fee waiver by completing the Fee Waiver Application (Form 4) and Certification (Form 5).
Serving Your Spouse
After filing, you must properly serve your spouse with the divorce papers according to New Jersey court rules. Service can be accomplished through a process server, sheriff's office, or certified mail depending on circumstances.
Getting Help With Divorce Forms
While you have the right to represent yourself in divorce proceedings, the process involves complex legal requirements and significant consequences for your future.
Legal Assistance
Consider consulting with an attorney, even if you plan to handle much of the process yourself. Many attorneys offer limited scope representation, helping with specific aspects like reviewing forms or providing legal advice without full representation.
Court Staff Limitations
Court staff can explain how the court works, provide information about requirements, and offer guidance on filling out forms. However, they cannot give legal advice, recommend whether you should file, or predict outcomes.
Free Legal Services
Legal Services of New Jersey provides free legal assistance to qualifying low-income residents. Contact their regional offices to determine if you're eligible for help with your divorce case.
Moving Forward With Your Divorce
Obtaining and properly completing New Jersey divorce forms represents the first step in dissolving your marriage. While the paperwork may seem overwhelming, understanding which forms you need, where to find them, and how to complete them correctly makes the process manageable.
Whether you pursue an uncontested divorce with full agreement on all issues or face complex disputes requiring court intervention, accurate, complete divorce forms are essential. Take time to gather necessary information, carefully complete all required documents, and ensure proper filing and service.
For questions about New Jersey divorce forms or assistance with your divorce case, contact Legal Services of New Jersey, consult with a family law attorney, or reach out to your local court ombudsman. With proper preparation and attention to detail, you can successfully navigate the New Jersey divorce process and move forward with confidence.