Prepared by U.S. Legal Forms, Inc.
Copyright 2016 - U.S. Legal Forms, Inc.
STATE OF NEW JERSEY
DIVORCE PACKAGE
NO CHILDREN
With or Without Property
Based on Grounds of Irreconcilable Differences
Control Number NJ–008A–D
This packet contains the following:
1.
2.
3.
4.
5.
6.
Information about Divorce
Form List
Form Explanations
Instructions and Steps
Checklist
Access to Law Summary
You and your spouse must agree to all terms of the divorce to use this packet.
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INFORMATION ABOUT DIVORCE
1.
WHO MAY USE THESE FORMS
This packet is for the sole purpose of obtaining an uncontested divorce based on
irreconcilable differences. This packet is only of use to you if you and your spouse are
willing to agree to all the terms and conditions of your divorce. You must work and
communicate with your spouse and keep him or her advised as to each step in the
process. If you cannot agree, you will become involved in a contested divorce, which is
beyond the scope of this packet. To use this divorce package to file for divorce in New
Jersey, all of the following must be true:
(a)
(b)
(c)
(d)
2.
At least one of the parties to the divorce action must be a resident of the
State of New Jersey for at least one year prior to the filing of the divorce
action.
You and your spouse must agree to all of the terms of division of those
assets/property in the Separation and Property Settlement Agreement.
There were no children born to or adopted by you or your spouse and the
wife is not pregnant.
Irreconcilable differences that have caused the breakdown of your
marriage for a period of six (6) months must exist and make it appear that
your marriage should be dissolved and that there is no reasonable prospect
of reconciliation.
THE BASICS
In a typical divorce, you must satisfy two basic requirements before you can file for
divorce. Those requirements include the residency requirements and appropriate
grounds for divorce. These requirements are discussed in detail in their respective
sections, below.
In addition, you must agree with your spouse to become divorced, and agree to all the
terms of the dissolution of marriage in filling out the forms, including property division.
You will complete and file the forms (see detailed instructions, below) in the Superior
Court, Chancery Division, Family Part. NJSA 2A:34-8
The proper place to file an action for divorce shall be the county in which the plaintiff
resides at the time the cause of action arose, or, if the plaintiff does not reside in New
Jersey, then the county in which the defendant resides at the time the cause of action
arose. If neither party was domiciled in New Jersey at the time the cause of action arose,
then the proper venue is the county where the plaintiff is domiciled when the action is
commence, or, if the plaintiff is not domiciled in new Jersey, then the county where the
defendant is domiciled when service of process is made. NJSA 2A:34-10
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3.
RESIDENCY REQUIREMENTS
In order to file a no-fault divorce in the State of New Jersey, at least one of the parties to
the divorce must have been a bona fide resident of the State of New Jersey for a period of
at least one year prior to the filing of the action. NJSA 2A:34-10
4.
GROUNDS FOR DIVORCE
Irreconcilable differences is the no-fault ground for divorce used by this packet.
Irreconcilable differences is a no-fault ground for divorce in New Jersey, provided that
the irreconcilable differences have existed for six months which make it appear that the
marriage should be dissolved and there is no reasonable prospect of reconciliation. NJSA
2A:34-2
Additional grounds for divorce are as follows:
1.
Adultery;
2.
Willful and continued desertion for one year;
3.
Extreme cruelty;
4.
Drug/alcohol addiction;
5.
Institutionalization for mental illness for 2 or more years;
6.
Imprisonment for 18 months or more;
7.
Deviant sexual behavior; and
8. Living separate and apart for a period of at least 18 or more consecutive months.
NJSA 2A:34.2
5.
LEGAL SEPARATION (“DIVORCE FROM BED AND BOARD”)
A “legal separation” in New Jersey is known as a “divorce from bed and board”- which is
different than a "divorce." A “divorce from bed and board” is a court determination of
the rights and responsibilities of a husband and wife arising out of the marital
relationship. A decree of “divorce from bed and board” does not terminate the marital
status of the parties. See, NJSA 2A:34-3 if you are interested in more information on
“divorce from bed and board.”
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ATTENTION: This divorce package DOES NOT include forms for a "divorce from
bed and board.
6.
DISTRIBUTION OF PROPERTY
In a divorce, the property such as land, house, buildings, and items of personal property
owned by the couple is divided between the parties. Debts owed are also allocated to one
party or the other, or both. This is accomplished by means of a Separation and Property
Settlement Agreement. You and your spouse must agree to the property and debt division
and memorialize your agreement in the Separation and Property Settlement Agreement,
which will be incorporated by reference into the Judgment of Divorce that ultimately
ends your marriage. You may agree to divide the property any way you like, as long as a
basic fairness is maintained, and you both agree. If you cannot agree on any item of this
division, the dissolution of marriage transforms into a contested divorce. A contested
divorce is beyond the scope of this packet.
7.
NAME CHANGE
The court, upon or after granting a divorce, may allow either party to the marriage to
resume any name used by the party prior to the marriage. NJSA 2A:34-21
8.
ALIMONY
Alimony comes in several different forms in the State of New Jersey. Either party may be
awarded one or more of the following types: Permanent alimony, rehabilitative alimony,
limited duration alimony or reimbursement alimony. In making an award of alimony, the
court will consider the following factors:
1.
The actual need and ability of the parties to pay;
2.
The duration of the parties;
3.
The age, physical and emotional health of the parties;
4. The standard of living established during the marriage and the likelihood of the
parties maintaining a comparable standard of living after the divorce is final;
5.
The length of absence from the job market of the party seeking alimony;
6. The earning capacities, educational levels, vocational skills, and employability of
the parties;
7.
The parental responsibilities for the children;
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8. The time and expense necessary to acquire sufficient education or training to
enable the party seeking alimony to find appropriate employment;
9.
The contributions to the marriage of both parties;
10. The ordered equitable distribution of the marital property;
11. The income available to either party through investments;
12. The tax consequences to the parties; and,
13. Any other factors the court deems relevant. NJSA 2A:34-23
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FORMS LIST
This packet contains the following forms:
1.
Complaint for Divorce Based on Irreconcilable Differences (NJ-815D)
2.
Separation and Property Settlement Agreement (NJ-804D)
3.
Certification of Verification and Non-Collusion (NJ-805D)
4.
Affidavit of Insurance Coverage (NJ-806D)
5.
Family Part Case Information Statement (NJ-4-36-2)
6.
Non-Military Affidavit (NJ-807D)
7.
Summons (NJ-808D)
8.
Waiver of Process and Entry of Appearance (NJ-809D)
9.
Acknowledgment of Service (NJ-KB-001)
10.
Request and Notice of Default Uncontested Hearing Based on Irreconcilable
Differences (Notice of Uncontested hearing) (NJ-817D)
11.
Final Judgment of Divorce (NJ-811D)
12.
Civil Action Rule 5:4-2(h) Certification By Self-Represented Litigant (NJ-FDF10889)
13.
Confidential Litigant Information Sheet (R. 5:4-2(g)) (NJ-FDF-10486)
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FORM EXPLANATIONS
All forms included in this package are identified below. You must sign all documents with a
space for signature of a Notary Public in front of a Notary Public.
1.
Complaint for Divorce Based on Irreconcilable Differences (NJ-815D) – The
Complaint for Divorce Based on Irreconcilable Differences is the document in which you
are asking the court to grant your divorce.
2.
Separation and Property Settlement Agreement (NJ-804D) – This form is a contract
in which you and your spouse agree to the division of all your property and debts. If
approved by the Judge, it will be incorporated into the Final Judgment of Divorce.
3.
Certification and Verification of Non-Collusion (NJ-805D) – This form contains your
promise that the Complaint and other papers are truthful and filed in good faith.
4.
Affidavit of Insurance Coverage (NJ-806D) – You must fill out this document with all
information regarding your insurance coverage.
5.
Family Part Case Information Statement (NJ-4-36-2) – This is an official
informational document for the court’s files. You may be required to file this when filing
your Complaint and other initial documents. If required, when you go to the court to file
your documents, ask the court clerk if there is an updated or county-specific form
different from those included in this packet. Also ask the clerk whether an additional
document known as a “Civil Cover Sheet” is required. If so, obtain from clerk, fill out,
and file.
6.
Non-Military Affidavit (NJ-807D) – This document is used by the Plaintiff to certify
that the Defendant is not on active duty with any branch of the U.S. Armed Forces.
7.
Summons (NJ-808D) – This document is a formality- it is the official notification to
your spouse that the divorce suit has been filed. It contains various languages regarding
appearance in court, time limits for filing answers, etc.
8.
Waiver of Process and Entry of Appearance (NJ-809D) – This document must be
signed by your spouse and returned to you for filing. In this form, your spouse
acknowledges receipt of the Complaint and Summons, waives further service of process,
and consents to the entry of a Final Judgment of Divorce in accordance with the agreed
Separation and Property Settlement Agreement.
9.
Acknowledgment of Service (NJ0KB-001) – This document is used if there is an issue
over proper service of process. A general appearance or an acceptance of the service of
a summons, signed by the defendant's attorney or signed and acknowledged by the
defendant (other than an infant or mentally incapacitated person), shall have the same
effect as if the defendant had been properly served.
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10.
Request and Notice of Default Uncontested Hearing Based on Irreconcilable
Differences (Notice of Uncontested Hearing) (NJ-817D) - This form is used to notify
the Defendant of the hearing date. This is the date you will present the Judgment to the
Court. Don’t be confused by the term “default”. It is really a notice of uncontested
hearing and is used for that purpose.
11.
Final Judgment of Divorce (NJ-811D) – The final statement of the legalities and terms
of your divorce, which incorporates your agreed-upon Separation Agreement. Once this
form is signed by the Judge and filed with the court, your divorce is complete. You must
mail a certified copy of the signed, filed copy of the Final Judgment to your spouse.
12.
Civil Action Rule 5:4-2(h) Certification By Self-Represented Litigant (NJ-FDF10889) – This form is a certification that the plaintiff or defendant has read the document
entitled “Divorce- Dispute Resolution Alternatives to Conventional Litigation,” and is
informed as to the availability of complementary dispute resolution alternatives to
conventional litigation.
13.
Confidential Litigant Information Sheet (R. 5:4-2(g)) (NJ-FDF-10486) – This form is
used to maintain the confidentiality of a plaintiff’s or defendant’s personal information,
including name, social security number, date and place of birth, driver’s license number,
address, phone number, and information relating to children, healthcare, employment and
vehicles. This information shall be used for the sole purposes of establishing, modifying,
and enforcing support orders.
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INSTRUCTIONS AND STEPS
Note: If a form contains a space for the signature of a Notary Public, it must be signed by you
(and if necessary by your spouse) in front of a Notary Public, who must notarize the document.
Prepare an original and several copies of each of your completed documents. Your spouse
should have a copy of everything you file, stamped “filed” by the clerk. You should keep copies
and the court must have originals.
STEP 1:
Complete the following forms:
Form 1- Complaint for Divorce Based on Living Separate and Apart
Form 2 – Separation and Property Settlement Agreement
Form 3- Certification and Verification of Non-Collusion (Attach to the
Complaint)
Form 4- Affidavit of Insurance Coverage
Form 6- Non-Military Affidavit
Form 7 – Summons
Form 12- Civil Action Rule 5:4-2(h) Certification By Self-Represented Litigant
(This form should be annexed to Form 1)
Form 12- Confidential Litigant Information Sheet (R. 5:4-2(g))
Be sure to complete all sections of the forms and sign the forms. Some forms
need to be signed in front of a notary public. These forms will have a notary
section on the form.
You may also need the form below. However, since the case if not contested, you
may not be required to file this form. Ask the Clerk when you file the complaint
and advise the clerk that the case will not be contested. If this form is required, the
clerk may have a county specific version that you will need to complete at the
clerk’s office.
Form 5 – Family Part Case Information Statement
The Separation and Property Settlement Agreement should be completed by you
and your spouse and signed.
STEP 2:
Make three copies of the completed forms and file with the court clerk. Pay filing
fees. Keep several stamped “filed” copies of these forms. The clerk is a valuable
resource to you, and can often answer your questions about filing documents,
timing, and the mechanics of the divorce process.
At the time of filing ask the Clerk if Form 5 is needed. Be sure to tell the clerk
the case will not be contested and that there are no children.
Even though the Defendant will sign a waiver a Summons must be served. Ask
the Clerk for the procedure to be used to server the Defendant. Although a
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Summons form is included in this package, most Clerks’ have their own summons
form and may require that it be used. Ask the Clerk when you file the initial
papers.
The Separation and Property Settlement agreement may be filed at the time of
filing the Complaint or after the filing of the Complaint. Therefore, this form does
not have to be completed at this time but it is good to go ahead and have it
completed and file with the Complaint so that both parties will know where they
stand.
STEP 3:
Your spouse will be served with the summons and complaint.
You should also mail or deliver the following forms to your spouse.
Stamped “filed” copies of the forms you filed with the Clerk.
Form 8- Waiver of Process and Entry of Appearance
Form 9 – Acknowledgment of Service
Form 11 - Judgment
Instruct your spouse, by phone, letter or otherwise, to complete and sign one copy
of Form 8: Waiver of Process and Entry of Appearance or and return it to you.
Your spouse may also use Form 9, Acknowledgment of Service, if service of the
summons and complaint was attempted by personal or constructive service (in
hand or mail, etc.) Your spouse should keep the other documents for his or her
files.
Ask your spouse to sign the Judgment at the end and return to you.
STEP 4:
Once your spouse has returned Form 8 or 9, you must FILE it with the clerk.
There may be a filing fee required in addition to the fee paid when the Complaint
was filed.
STEP 5:
If not completed already, at this point Form 2, Separation and Property
Settlement, agreement needs to be completed and signed. You and your spouse
should also sign Form 10, Judgment at the end.
STEP 6:
Next contact the Clerk for a hearing date on the Complaint and the Clerk will
provide you with a date to present the Judgment. Complete Form 9, Request and
Notice of Default Hearing and mail a copy to the Defendant advising the
defendant of the hearing date.
STEP 7:
Take Form 2 and attach to Form 11 Judgment, and make sure you have the
original and three copies. Attend the hearing and answer any questions from the
Court and then present the Judgment with agreement attached to the Court. Both
parties should attend this hearing in order to simplify the process. However, the
Plaintiff must attend the hearing.
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STEP 8:
Once you receive the Final Judgment of Divorce signed by the Judge, you must
FILE it with the Court Clerk.
STEP 9:
Obtain several certified copies of the Judgment and deliver or mail one copy to
your now ex-spouse.
Notes:
Additional forms may be required in your County but these additional forms will
be provided by the Clerk. For example, you may be required to complete a
statistical information form or certificate of divorce.
A civil cover sheet may also be required and is available from the Clerk.
The reason some procedures may vary, such as the use of a summons.
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CHECKLIST
Forms 1-4, 6 and 7, and 12 and 13 completed and filed with the court clerk.
Form 5 completed and filed, if required.
Filing Fees paid.
Stamped “filed” copies of forms 1-4, 6 and 7, plus Forms 8 and 10, delivered to
your spouse, with instructions to sign and return Form 8 to you.
Forms 8 filed with the court.
Forms 2 and 11 completed and signed.
Clerk consulted and hearing set. Defendant notified of hearing by Notice of
Default.
Final Judgment of Divorce with agreement attached signed by Judge. Attend
hearing.
Judgment FILED with the court clerk, and certified copy delivered to spouse.
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NOTE ABOUT COMPLETING THE FORMS
The forms in this packet may contain “form fields” created using Microsoft Word. “Form fields”
facilitate completion of the forms using your computer. They do not limit you ability to print the
form “in blank” and complete with a typewriter or by hand.
If you do not see the gray shaded form fields, go the View menu, click on Toolbars, and then
select Forms. This will open the forms toolbar. Look for the button on the forms toolbar that
resembles a shaded letter “a”. Click in this button and the form fields will be visible. If they do
not become visible, then they were not included in this form package.
If you need to make any changes in the body of the form, it is necessary for you “unlock” or
“unprotect” the form. IF YOU INTEND TO MAKE CHANGES TO THE CONTENT, DO
SO BEFORE YOU BEGIN TO FILL IN THE FIELDS. IF YOU UNLOCK THE
DOCUMENT AFTER YOU HAVE BEGUN TO COMPLETE THE FIELDS, WHEN
YOU RELOCK, ALL INFORMATION YOU ENTERED WILL BE LOST. To unlock
click on “Tools” in the Menu bar and then selecting “unprotect document”. You may then be
prompted to enter a password. If so, the password is “uslf”. That is uslf in lower case letters
without the quotation marks. After you make the changes relock the document before you
begin to complete the fields.
After any required changes and re-protecting the document, click on the first form field and enter
the required information. You will be able to navigate through the document from form field to
form field using your tab key. Tab to a form field and insert your data. If you experience
problems, please let us know.
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LAW SUMMARY
You may access the law summary for your State by using the link below:
http://lawdigest.uslegal.com/divorce/state-law-summary/3752/
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DISCLAIMER
These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the
subject state. All Information and Forms are subject to this Disclaimer: All forms in this
package are provided without any warranty, express or implied, as to their legal effect and
completeness. Please use at your own risk. If you have a serious legal problem we suggest that
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THESE FORMS WERE PREPARED FOR STATEWIDE USE. HOWEVER, SOME
COUNTIES OR JUDGES MAY REQUIRE CERTAIN MODIFICATIONS TO THE FORMS
FOR USE IN YOUR PARTICULAR COUNTY AND MAY REQUIRE SPECIAL FORMS
NOT INCLUDED. CHANGES REQUIRED BY PARTICULAR JUDGES ARE NOT
UNCOMMON EVEN IF THE FORMS HAD BEEN PREPARED BY YOUR ATTORNEY.
REGARDLESS, YOU SHOULD BE ABLE TO USE THESE FORMS AND INSTRUCTIONS,
WITH ANY REQUIRED MODIFICATIONS, TO MAKE IT THROUGH THE PROCESS. IF
YOU NEED TO MAKE CHANGES, OR IF SPECIAL FORMS ARE REQUIRED IN YOUR
COUNTY, YOU CAN MAKE THE CHANGES AND REFILE, OR OBTAIN THE SPECIAL
FORMS EITHER FROM THE CLERK OR A CLOSED DIVORCE FILE WHICH YOU CAN
USE AS AN EXAMPLE.
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