New Jersey Divorce Procedures

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Making divorce decision is probably one of the most tough decisions in an individual's life. One needs to be strong, confident, patient and observant. A lawyer's help is surely needed because they will guide you throughout this tough phase. Sometimes some little efforts make your journey less-troublesome such as knowing the details of your case, laws pertaining to your case, etc. If you are fighting for your case in New Jersey, you must know the basic procedures and proceedings that are prevalent in your state. To help you in this regard, we have assembled a set of some important New Jersey divorce procedures.

New Jersey Divorce Procedure regarding Complaint of divorce

The first step in a procedure is that the Plaintiff files a complaint. Both parties need to prepare financial disclosure forms called Case Information Statements that are to be filed with the court. The venue for filing this document is selected as follows:

  • When the cause for action sprouted up, the county in which the Plaintiff resided is chosen, or
  • When the cause for action sprouted up, if the Plaintiff was not living in this state, the county wherein the Defendant resided is selected, or
  • When the cause for action occurred, if none of the divorcing partners were living in this state, the county where the Plaintiff currently stays is chosen. If the Plaintiff does not at present stay in this state, the county wherein the Defendant presently resides is chosen.

The New Jersey Court Rule 5:4-2 is dedicated to the requirements of the content of the Complaint. The postal addresses of both the divorcing partners are included in this document. If the divorcing couple has children, the date of birth, address, and data regarding with whom and where the child resides is to be stated in the document.

Consider a divorce case in which deviant sexual demeanor or adultery has been alleged. In this case, the Complaint must comprise the name of the adulterer or the correspondent. The correspondent means the individual with whom the conduct was executed. If the name of the correspondent is not known, the divorcing partner may furnish information like the description of the correspondent, the details pertaining to the circumstances, place and time wherein the said behavior has been executed.

New Jersey Divorce Procedure regarding Answer

After the service of the Complaint to the Defendant is complete, it is expected that the Defendant should provide a written response that is known as an Answer. Along with such an Answer, the Defendant possesses the right to file counterclaims against the Plaintiff. As per the procedure, the Defendant is allocated 35 days from the date of service to file the Answer and Counterclaim.

In some cases, it happens that the Defendant does not oppose the claims mentioned in the Complaint. In this scenario, the Defendant is free to file an Appearance with the court.

When it happens that along with the Answer, the Defendant has filed a counterclaim then, the Plaintiff is allotted 20 days to file a responsive pleading, if desired.

Most significant document in a divorce process

The most crucial document in a divorce case is known as CIS or Case Information Statement. As per Rule 5:5-2, both the divorcing partners must file and serve this document, whenever there is a dispute regarding equitable distribution, alimony, support or custody. Both the divorcing partners are given 20 days after filing the Answer or Appearance to file the respective CIS.

New Jersey Divorce Mediation

As a part of the New Jersey process, one should know what divorce-mediation is. In case you are yet to file your case, you can opt for a divorce-mediation. During the mediation, you need to discuss all the important marital issues and terms with your spouse and try to settle things according to your convenience. You need not think about the strict time-line given to you by the court. You may work with your attorney (s) or mental health-care professionals, if you think you are not able to make decisions. When you take the ultimate decisions regarding the terms of divorce, a settlement is made in written form. After this, the parties file for a case in the court in order to seek the enforcement of the settlement that they have mutually agreed upon.

Rules regarding jurisdiction of the Superior Court

When the divorce action begins, if either divorcing partner is a resident in this state, the Superior Court of this state has jurisdiction on all grounds of divorce. When the Defendant files an Answer to the Complaint or enters an appearance or files an acknowledgement of service of process, the jurisdiction of the court over the Defendant is completely established.

Obtaining a successful divorce is not easy. You need to understand the processes very carefully. Similarly, when you are in New Jersey it is important that you know all the New Jersey procedures so that you can pursue the divorce in a good manner.

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