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New Jersey Dissolution of Marriage

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STATE OF NEW JERSEY DIVORCE PACKAGE - MINOR CHILDREN

With or Without Property Based on Grounds of Irreconcilable Differences

Control Number NJ-006A-D

Prepared by U.S. Legal Forms, Inc. Copyright 2016 - U.S. Legal Forms, Inc.

This packet contains the following:

1. Information about Divorce

2. Form List

3. Form Explanations

4. Instructions and Steps

5. Checklist

6. Access to Law Summary

You and your spouse must agree to all terms of the divorce to use this packet.

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) 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.

(b) You and your spouse must agree to all of the terms of division of those assets/property in the Separation and Property Settlement Agreement.

(c) There are minor children of the marriage and you and your spouse agree to share the parenting responsibilities;

(d) 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 there is no reasonable prospect of reconciliation.

2. 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 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 commenced, 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

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.” A decree of “divorce from bed and board” does not terminate the marital status of the parties. 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.

7. ALIMONY/MAINTENANCE: In all actions brought for divorce, divorce from bed and board, or nullity the court may award one or more of the following types of alimony to either party:

(a) Permanent alimony;

(b) Rehabilitative alimony;

(c) Limited duration alimony; or,

(d) Reimbursement alimony.

8. CUSTODY/VISITATION: The State of New Jersey has found that it is in the best interests of all parties to a divorce action to assure minor children of frequent and continuing contact with both parents after the parents have separated or dissolved their marriage and that it is in the public interest to encourage parents to share the rights and responsibilities of child rearing.

This package is based upon a shared custodial arrangement for all minor children of the marriage.

9. CHILD SUPPORT: In determining the amount to be paid by a parent for support of the child and the period during which the duty of support is owed, the court shall consider, but not be limited to, the following factors: needs of the child; standard of living; income; earning ability; need and capacity for education; age and health; debts and liabilities; and other relevant factors.

10. PARENT'S EDUCATION PROGRAM: The State of New Jersey has established a mandatory education program to be known as the "Parents' Education Program."

11. NAME CHANGE: The court, upon or after granting a divorce, may allow either party to resume any name used prior to the marriage.

FORMS LIST

This packet contains the following forms:

1. Complaint for Divorce Based on Irreconcilable Differences (NJ-816D)

2. Summons (NJ-808D)

3. Certification of Verification and Non-Collusion (NJ-805D)

4. Affidavit of Insurance Coverage (NJ-806D)

5. Non-Military Affidavit (NJ-807D)

6. Family Part Case Information Statement (NJ-4-36-2)

7. Waiver of Process and Entry of Appearance (NJ-809D)

8. Acknowledgment of Service (NJ-KB-001)

9. Shared Custody Child Support Worksheet (NJ-813D)

10. Separation and Property Settlement Agreement (NJ-DO-11A)

11. Request and Notice of Default Uncontested Hearing Based on Irreconcilable Differences (NJ-817D)

12. Final Judgment of Divorce (NJ-811D)

13. Civil Action Rule 5:4-2(h) Certification By Self-Represented Litigant (NJ-FDF-10889)

14. Confidential Litigant Information Sheet (R. 5:4-2(g)) (NJ-FDF-10486)

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-816D) – The Complaint for Divorce Based on Irreconcilable Differences is the document in which you are asking the court to grant your divorce along with any other relief requested.

2. Summons (NJ-808D) – This document is the official notification to your spouse that the divorce suit has been filed.

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. 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.

6. Family Part Case Information Statement (NJ-4-36-2) – This is an official information document for the court’s files.

7. Waiver of Process and Entry of Appearance (NJ-809D) – This document must be signed by your spouse and returned to you for filing.

8. Acknowledgment of Service (NJ-KB-001) – This document is used if there is an issue over proper service of process.

9. Shared Custody Child Support Worksheet (NJ-813D) – This worksheet is used to determine the correct amount of child support to be paid when the parties are to share custody of minor children of the marriage.

10. Separation and Property Settlement Agreement (NJ-DO-11A) – This form is a contract in which you and your spouse agree to the division of all your property and debts.

11. Request and Notice of Default Uncontested Hearing Based on Irreconcilable Differences (NJ-817D) – This form is used to notify the Defendant of the hearing date.

12. Final Judgment of Divorce (NJ-811D) – The final statement of the legalities and terms of your divorce.

13. Civil Action Rule 5:4-2(h) Certification By Self-Represented Litigant (NJ-FDF-10889) – This form is a certification that the plaintiff or defendant has read the dispute resolution materials.

14. Confidential Litigant Information Sheet (R. 5:4-2(g)) (NJ-FDF-10486) – This form is used to maintain the confidentiality of personal information.

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.

STEP 1: Complete the following forms:

Complaint for Divorce Based on Irreconcilable Differences

Summons

Certification and Verification of Non-Collusion

Affidavit of Insurance Coverage

Non-Military Affidavit

Family Part Case Information Statement

Civil Action Rule 5:4-2(h) Certification By Self-Represented Litigant

Confidential Litigant Information Sheet

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.

STEP 3: Your spouse will be served with the Summons and Complaint. Mail or deliver the filed copies, Waiver of Process and Entry of Appearance, and Affidavit of Insurance Coverage.

STEP 4: Once your spouse has returned the Waiver of Process and Entry of Appearance and Affidavit of Insurance Coverage, file them with the clerk.

STEP 5: The Shared Custody Child Support Worksheet should next be completed and filed.

STEP 6: Both parties should jointly complete the Separation and Property Settlement Agreement.

STEP 7: The Parents’ Education Program should next be attended by both parties.

STEP 8: The Final Judgment of Divorce should next be completed by the parties.

STEP 9: Contact the Clerk for a hearing date and complete the Request and Notice of Default Hearing.

STEP 10: Attach the Separation and Property Settlement Agreement to the Judgment and attend the hearing.

STEP 11: Once you receive the Final Judgment of Divorce signed by the Judge, file it with the Court Clerk.

STEP 12: Obtain several certified copies of the Judgment and deliver or mail one copy to your ex-spouse.

CHECKLIST

Complaint, Summons, Certification and Verification of Non-Collusion, Affidavit of Insurance Coverage, Non-Military Affidavit, Family Part Case Information Statement, Civil Action Rule 5:4-2(h) Certification, and Confidential Litigant Information Sheet completed.

Three copies made and originals filed with Clerk of Court.

Summons issued and Defendant served with required forms.

Waiver of Process and Entry of Appearance and Affidavit of Insurance Coverage returned and filed.

Shared Custody Child Support Worksheet completed and filed.

Separation Agreement completed by both parties.

Parenting Education Program attended by both parties.

Final Judgment of Divorce completed by both parties.

Request and Notice of Default Hearing completed and filed; hearing date obtained.

Final hearing attended; Judgment with Settlement Agreement attached provided to Court.

Final Judgment signed by Judge and filed with Clerk.

Copy of filed Judgment provided to Defendant.

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/

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 you consult an attorney. U.S. Legal Forms, Inc. does not provide legal advice. The products offered by U.S. Legal Forms (USLF) are not a substitute for the advice of an attorney.

THESE MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL U. S. LEGAL FORMS, INC. OR ITS AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS.

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. If changes are required, you may make the changes and refile, or obtain special forms from the clerk or a closed divorce file which you can use as an example.

DIVORCE FORM FIELDS

Plaintiff Name:
 Defendant Name:

County:
 Case Number:
 Effective Date:

Minor Children Information:

Signature Section

Plaintiff Signature

Date

Defendant Signature

Date

Additional Notes

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What the New Jersey Dissolution of Marriage covers

New Jersey Dissolution of Marriage is the statutory process and set of court filings used to terminate a marriage in New Jersey and obtain a final judgment of divorce. The filing frames requests for equitable distribution of assets, alimony, child custody and parenting time, child support, and ancillary relief. Cases typically begin when a Complaint for Divorce is filed and served, and the matter proceeds through discovery, potential settlement or mediation, and a final hearing where the Superior Court of New Jersey enters a judgment resolving the parties' legal rights and obligations.

Why a clear and complete dissolution filing matters

A properly prepared New Jersey Dissolution of Marriage packet clarifies legal claims, documents financial and parenting arrangements, and helps the court adopt enforceable orders efficiently.

Why a clear and complete dissolution filing matters

Who prepares and relies on these filings

Typical parties and professionals who prepare or rely on New Jersey Dissolution of Marriage documents include the divorcing spouses, family law attorneys, and court clerks.

  • Divorcing spouses: complete personal data, sworn statements, and settlement terms for court review.
  • Family law attorneys: draft complaints, negotiate terms, and file documents with the Superior Court.
  • Mediators and financial professionals: produce valuations, budgets, and settlement exhibits used in filings.

Accurate completion streamlines hearings, supports court compliance, and reduces risk of delays or additional discovery.

Primary components included in a professional filing

A complete New Jersey Dissolution of Marriage filing groups identifying information, statutory grounds, financial disclosures, parenting arrangements, support terms, and proposed judgment language for court review.

Parties & Jurisdiction

Full legal names, addresses, and residency facts to establish Superior Court of New Jersey jurisdiction; accurate jurisdictional statements affect venue and eligibility for relief.

Grounds

Statement of statutory grounds (no-fault irreconcilable differences or other applicable allegations); grounds frame the pleadings though New Jersey primarily handles no-fault divorce.

Financial Disclosures

Itemized assets, debts, income, and recent tax returns; courts rely on Case Information Statements for equitable distribution and support calculations.

Parenting Plan

Proposed parenting time schedule, decision-making responsibilities, and child support calculations focused on the child’s best interests and clear logistics.

Support & Alimony

Proposed child and spousal support amounts, duration, payment method, and tax-treatment considerations referenced to New Jersey guidelines and statutory factors.

Proposed Judgment

Draft judgment or consent-order language that the judge can adopt; precise, enforceable terms reduce post-entry disputes and reduce need for clarifying orders.

Required information commonly requested on forms

Full Legal Name: Exact name on government ID
Date of Birth: Use MM/DD/YYYY format
Residency Statement: Specify months and years in New Jersey
Case Information Statement: Attach completed Case Information Statement
Children's Information: Include names, DOBs, and schools
Signatures and Dates: Hand-signed or court-accepted e-signature

Step-by-step: preparing and filing a dissolution package

Follow these practical steps to prepare a court-ready New Jersey Dissolution of Marriage packet and accompanying exhibits.

  • 01
    Prepare Complaint: Draft complaint outlining relief requested.
  • 02
    Serve the Respondent: Follow NJ rules for service of process.
  • 03
    Exchange Disclosures: Provide Case Information Statement and documents.
  • 04
    Attend Hearing: Appear for case management or settlement hearing.

How to configure an online workflow for court-ready filings

Set up a secure electronic workflow that collects signatures, attachments, and produces consolidated PDF/A outputs for the clerk.

Field Configuration
Authentication method for all signers Email access plus SMS one-time passcode; upgrade to ID verification if required.
Set signer order and assign roles Petitioner signs first, respondent second, counsel last when applicable.
Required attachments for court filing Require Case Information Statement, paystubs, and tax returns as mandatory uploads.
Export format and file naming convention Export combined PDF/A with standard court filename and Certificate of Service appended.

Where and how to submit completed forms

Completed New Jersey dissolution forms may be submitted to the court, delivered to the clerk, mailed, or filed by counsel according to local rules.

  • Court eFiling: Submit via New Jersey Courts e-filing portal when accepted by the county.
  • Clerk Filing: Deliver originals to the county family court clerk for docketing and assignment.
  • Mail: Send certified mail with return receipt when permitted for proof of filing or service.
  • Attorney Filing: Your attorney can file on your behalf according to attorney-filing privileges.

Digital signing and eSubmission technical checklist

Choose a platform that supports secure e-signatures, audit trails, and PDF/A export for court-ready New Jersey filings.

  • File Formats: Supports PDF/A and DOCX
  • Authentication Options: Email, SMS OTP, and advanced ID checks
  • Integrations: Works with court systems and cloud storage

Timing and common deadlines to track

Monitor these timing points to avoid procedural issues and to plan mediation, discovery, and hearings.

File the complaint and complete service:

Prompt filing and proper service preserve the court’s jurisdiction over the case.

Complete and exchange required financial disclosures:

Submit Case Information Statements and supporting documents early during discovery.

File motions for temporary relief when needed:

Temporary relief hearings are scheduled based on judge availability and urgency of relief.

Attend mediation if ordered by the court:

Courts often require mediation before trial to encourage settlement.

Entry of final judgment and docketing:

Final judgment is entered by the judge and begins enforcement and appeal timelines.

Key milestones from filing to final judgment

Track the primary sequential milestones so each party understands next steps and scheduling expectations.

01

Filing Complaint

Petitioner files the complaint and the clerk assigns a case number and docket entry.

02

Service & Response

Respondent is served and has time to answer or enter appearance under court rules.

03

Exchange Disclosures

Parties exchange Case Information Statements, valuations, and supporting exhibits for settlement or trial.

04

Final Hearing or Consent

Court holds a hearing, reviews proposed order, and enters final judgment or schedules trial.

Common mistakes to avoid when preparing filings

  • Incomplete financial disclosures: failing to attach pay stubs, tax returns, or accurate asset lists leads to delays, requests for supplements, and potentially adverse findings at settlement or trial.
  • Incorrect or inconsistent names and dates: mismatched legal names, birthdates, or filing dates can cause service failures, record mismatches, and administrative rejection by the clerk.
  • Assuming all forms accept e-signatures: many family law orders and final judgments require a judicial signature or notarized affidavits; relying on e-signatures alone can invalidate submissions.
  • Poorly drafted proposed order language: ambiguous or unenforceable terms in consent judgments increase litigation risk and often require supplemental motions for clarification.

Risks and potential consequences of incorrect filings

Filing Rejection: Clerk may reject incomplete filings
Continuances: Hearings delayed; added costs
Adverse Inference: Missing disclosures can create adverse inferences
Contempt/Enforcement: Noncompliance can lead to contempt
Financial Penalties: Sanctions or fee awards possible
Enforcement Difficulty: Vague orders hinder enforcement

Representative use cases and outcomes

Examples below show how filings differ between uncontested agreements and contested custody disputes and how clear documentation affects case outcomes.

Uncontested Divorce

A couple negotiated property division and a parenting schedule with counsel before filing the complaint and consent order.

  • Filed as a consent judgment and presented at a brief hearing.
  • The judge entered the consent judgment without modification; comprehensive disclosures and precise order terms minimized post-judgment enforcement expense and avoided additional hearings.

Contested Custody Dispute

Parties disputed parenting time and obtained a custody evaluation before trial to inform the court.

  • Custody evaluator issued a written report prior to trial.
  • The court incorporated evaluator recommendations into the final judgment; thorough records and timely expert reports supported judicial fact-finding and shortened trial duration.

Pricing and basic feature comparison for eSignature tools used in filings

Compare entry-level pricing and core features for eSignature providers frequently used to prepare or exchange documents related to New Jersey dissolution matters.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial, no card Varies by plan Varies by plan Free trial available Varies by plan
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently asked questions about New Jersey dissolution filings

Answers to common questions about signing, notarization, filing, and modifying New Jersey Dissolution of Marriage documents.


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