New Jersey Uncontested Divorce Petition and Final Judgment Filing Packet

NEW JERSEY UNCONTESTED DIVORCE — PETITION AND FINAL JUDGMENT FILING PACKET

PART 1 — JURISDICTIONAL AND PROCEDURAL CHECKLIST

A. Residency Verification (N.J.S.A. § 2A:34-10)

☐ At least one party has been a bona fide resident of the State of New Jersey for twelve (12) consecutive months immediately preceding filing of the Complaint for Divorce.

☐ Bona fide residence is supported by (check all that apply):

• ☐ New Jersey driver's license issued [__/__/____]
• ☐ New Jersey voter registration
• ☐ New Jersey state income tax returns for [____]
• ☐ Vehicle registration in New Jersey
• ☐ Lease, deed, or mortgage at New Jersey address from [__/__/____]
• ☐ Active military service member stationed in New Jersey (and New Jersey residence maintained)

☐ Exception (adultery ground only — N.J.S.A. § 2A:34-10): no residency duration required if adultery occurred in New Jersey or while a party resided in New Jersey. Not applicable to this no-fault filing.

B. Grounds Verification — Irreconcilable Differences (N.J.S.A. § 2A:34-2(i))

☐ Irreconcilable differences have caused the breakdown of the marriage for a period of six (6) months or more.

☐ There is no reasonable prospect of reconciliation.

☐ The marriage should be dissolved.

C. Venue (N.J. Ct. R. 5:7-1)

☐ Filing in the Superior Court of New Jersey, Chancery Division, Family Part, County of [_____________________], because (check one):

• ☐ Plaintiff resided in this county at the time the cause of action arose.
• ☐ Defendant resided in this county at the time of filing.
• ☐ Both parties reside in this county.

D. Procedural Roadmap — Uncontested Track

☐ File Complaint for Divorce, Certification of Verification and Non-Collusion, Certification of Insurance Coverage (R. 4:5-1(b)(2)), Confidential Litigant Information Sheet (CLIS), and filing fee.
☐ Serve Defendant within 60 days of issuance of Summons; obtain Acknowledgment of Service or Proof of Service.
☐ Defendant files Appearance or Answer within 35 days of service (R. 4:6-1).
☐ Both parties file Case Information Statement (CIS) within 20 days after Answer/Appearance (R. 5:5-2).
☐ Court schedules Matrimonial Early Settlement Panel (MESP) review (R. 5:5-5).
☐ Parties execute Marital Settlement Agreement (MSA) / Property Settlement Agreement (PSA).
☐ Final hearing — Default Hearing or Uncontested Hearing — for entry of Final Judgment of Divorce.

E. Filing Fees (verify current schedule)

☐ Fee waiver requested — Application to Proceed as an Indigent (R. 1:13-2) attached.

PART 2 — COMPLAINT FOR DIVORCE

CIVIL ACTION

COMPLAINT FOR DIVORCE
(Irreconcilable Differences — N.J.S.A. § 2A:34-2(i))

Plaintiff, [PLAINTIFF FULL LEGAL NAME], residing at [____________________________________________], by way of Complaint against the Defendant, says:

FIRST COUNT — PARTIES AND JURISDICTION

1. Plaintiff was, at the time the cause of action arose, and still is, a bona fide resident of the State of New Jersey, having so resided continuously for more than one (1) year preceding the filing of this Complaint, residing at [____________________________________________], in the County of [_____________________].

2. Defendant, [DEFENDANT FULL LEGAL NAME], upon information and belief, resides at [____________________________________________], in the County of [_____________________].

3. Plaintiff and Defendant were lawfully married to each other on [__/__/____] at [_______________________________________], a civil/religious ceremony. A certified copy of the Marriage Certificate is or will be filed with the Court.

4. The marriage has not been previously dissolved or annulled.

SECOND COUNT — IRRECONCILABLE DIFFERENCES

5. Irreconcilable differences have existed between the parties for a period of six (6) months or more, which differences have caused the breakdown of the marriage.

6. There is no reasonable prospect of reconciliation.

7. The marriage should be dissolved pursuant to N.J.S.A. § 2A:34-2(i).

THIRD COUNT — CHILDREN OF THE MARRIAGE

8. (Check one)
   ☐ There are no children born of the marriage or adopted by the parties.
   ☐ There are [____] children born of or adopted into the marriage, namely:

9. ☐ Plaintiff is not pregnant. ☐ Plaintiff is pregnant, expected delivery [__/__/____].

FOURTH COUNT — PROPERTY AND SUPPORT

10. The parties have acquired marital property and debt subject to equitable distribution under N.J.S.A. § 2A:34-23.1.

11. Plaintiff seeks (check all that apply):
    ☐ Equitable distribution of marital assets and debts
    ☐ Alimony / spousal support pursuant to N.J.S.A. § 2A:34-23(b)
    ☐ Child support pursuant to the New Jersey Child Support Guidelines (R. 5:6A, Appendix IX)
    ☐ Custody and parenting time orders pursuant to N.J.S.A. § 9:2-4
    ☐ Restoration of former surname: [_________________________]
    ☐ Counsel fees and costs pursuant to R. 5:3-5
    ☐ Such other relief as the Court deems just and equitable

FIFTH COUNT — PRIOR ACTIONS

12. There is no other action pending in any court, and no arbitration proceeding pending or contemplated, regarding the matters in controversy in this action, except: [____________________________________________] (or "None").

13. No other persons should be joined in this action, except: [____________________________________________] (or "None").

WHEREFORE, Plaintiff demands judgment:

A. Dissolving the marriage between the parties on the ground of irreconcilable differences;
B. Granting equitable distribution of marital property and debts;
C. Awarding such alimony, child support, custody, and parenting time as is just and equitable;
D. Restoring Plaintiff's former surname, [_________________________], if requested;
E. Granting such other relief as the Court deems just and equitable.

Dated: [__/__/____]

_____________________________________
[PLAINTIFF FULL LEGAL NAME], pro se / by counsel
[Attorney Name, Bar No., Firm, Address, Phone, Email]

PART 3 — CERTIFICATION OF VERIFICATION AND NON-COLLUSION (R. 4:5-1(a))

I, [PLAINTIFF FULL LEGAL NAME], of full age, certify that:

1. I am the Plaintiff in the foregoing Complaint for Divorce.
2. The allegations contained in the Complaint are true to the best of my knowledge, information, and belief.
3. This action is not the result of collusion between me and the Defendant.
4. I am aware that if any of the foregoing statements are willfully false, I am subject to punishment.

Dated: [__/__/____]

_____________________________________
[PLAINTIFF FULL LEGAL NAME]

PART 4 — CERTIFICATION OF INSURANCE COVERAGE (R. 4:5-1(b)(2))

The undersigned certifies the following insurance policies currently in effect that cover any party or property at issue:

Dated: [__/__/____] _____________________________________
Plaintiff / Counsel

PART 5 — CASE INFORMATION STATEMENT (CIS) REFERENCE (R. 5:5-2)

☐ Plaintiff's CIS prepared and filed within 20 days of Defendant's Appearance/Answer.
☐ Most recent 3 years of federal and state income tax returns attached.
☐ Three most recent paystubs / W-2 attached.
☐ Statement of all real property, retirement accounts, bank accounts, investments, vehicles, business interests, and debts.
☐ Updated CIS filed if material change in finances before final hearing.

Plaintiff Financial Summary (for cross-reference to CIS):

PART 6 — MARITAL SETTLEMENT AGREEMENT (MSA) — KEY TERMS

This Marital Settlement Agreement (the "Agreement") is made between [PLAINTIFF FULL LEGAL NAME] ("Wife/Husband/Plaintiff") and [DEFENDANT FULL LEGAL NAME] ("Husband/Wife/Defendant"), effective [__/__/____].

6.1 Recitals

• Date of marriage: [__/__/____]
• Date of separation (for accounting purposes): [__/__/____]
• Children of the marriage: [____________________________________________]
• Both parties have reviewed each other's Case Information Statement.
• Each party has had the opportunity to consult independent counsel.

6.2 Equitable Distribution of Assets

6.3 Allocation of Debts

6.4 Alimony / Spousal Support (N.J.S.A. § 2A:34-23(b))

☐ Neither party shall pay alimony; both parties waive alimony forever (anti-Lepis waiver acknowledged).
☐ [Payor] shall pay [Payee] alimony of $[__________] per [week/month] for [____] [months/years], type: ☐ Open Durational ☐ Limited Duration ☐ Rehabilitative ☐ Reimbursement.

6.5 Child Custody and Parenting Time

☐ Not applicable — no minor children.
☐ Legal custody: ☐ Joint ☐ Sole to [__________].
☐ Primary residential custody: [__________].
☐ Parenting time schedule attached as Exhibit A (or as set forth below): [____________________________________________].
☐ Both parents shall complete the Parents' Education Program (P.L. 1999, c. 432).

6.6 Child Support (R. 5:6A; Appendix IX)

☐ Not applicable.
☐ Calculated under the New Jersey Child Support Guidelines — Sole / Shared Parenting Worksheet attached.
☐ [Payor] shall pay $[__________] per [week/month] via NJ Probation / immediate income withholding (N.J.S.A. § 2A:17-56.8).
☐ Health insurance: provided by [__________] through [__________].
☐ Unreimbursed medical expenses: [__________]% Plaintiff / [__________]% Defendant.
☐ College contribution addressed: [____________________________________________].

6.7 Tax Matters

• Last joint return: tax year [______]
• Allocation of dependency exemptions: [____________________________________________]
• Allocation of tax refunds / liabilities: [____________________________________________]

6.8 Name Restoration

☐ Plaintiff requests restoration of former surname to: [_________________________].

6.9 General Provisions

• Mutual release of all claims except those expressly preserved.
• Full disclosure acknowledgement.
• Independent counsel acknowledgement / opportunity to consult counsel.
• Modifiability: support modifiable upon substantial change in circumstances under Lepis v. Lepis, 83 N.J. 139 (1980); property division final and non-modifiable.
• Incorporation: this Agreement shall be incorporated, but not merged, into the Final Judgment of Divorce and shall survive as an independent contract.

Signatures (each notarized):

_____________________________________ Date: [__/__/____]
[PLAINTIFF FULL LEGAL NAME]

_____________________________________ Date: [__/__/____]
[DEFENDANT FULL LEGAL NAME]

(Notary acknowledgments for each party)

PART 7 — MATRIMONIAL EARLY SETTLEMENT PANEL (MESP) NOTICE (R. 5:5-5)

☐ MESP date assigned: [__/__/____] at [__________] County Courthouse.
☐ Each party will submit the required papers to the ESP coordinator and panelists at least 5 days before the hearing, including:

• Issues in dispute (or representing that all issues are resolved)
• Custody / parenting positions
• Equitable distribution positions
• Support positions
• CIS attached
  ☐ Both parties (and counsel if represented) personally attend.
  ☐ Because all issues have been resolved and an MSA has been executed, the parties may request to skip MESP and proceed to an Uncontested Hearing.

PART 8 — SUMMONS AND PROOF OF SERVICE

SUMMONS issued by the Clerk on [__/__/____].

To: [DEFENDANT FULL LEGAL NAME], residing at [____________________________________________].

You are hereby summoned to appear and answer the Complaint for Divorce within thirty-five (35) days after service, exclusive of the date of service. If you fail to answer or otherwise respond, judgment by default may be rendered against you.

Acknowledgment of Service (alternative to personal service)

I, [DEFENDANT FULL LEGAL NAME], acknowledge receipt of the Summons, Complaint, Confidential Litigant Information Sheet, Certification of Insurance Coverage, and Certification of Verification and Non-Collusion in this matter on [__/__/____]. I waive personal service.

_____________________________________ Date: [__/__/____]
[DEFENDANT FULL LEGAL NAME]

Affidavit / Proof of Service by Process Server

I, [_________________________], of full age, certify that on [__/__/____] at [__________] [AM/PM], I personally served [DEFENDANT FULL LEGAL NAME] with the following documents: Summons; Complaint for Divorce; CIS Blank; CLIS; Certification of Insurance Coverage; Certification of Verification and Non-Collusion. Service was effected at [____________________________________________].

_____________________________________
Process Server / Sheriff [Badge/License No. _______]

PART 9 — DEFENDANT'S APPEARANCE (Uncontested)

APPEARANCE

Defendant, [DEFENDANT FULL LEGAL NAME], hereby enters an Appearance in this matter and:

1. Acknowledges receipt of the Complaint for Divorce.
2. Does not contest the grounds of irreconcilable differences under N.J.S.A. § 2A:34-2(i).
3. Has executed a Marital Settlement Agreement dated [__/__/____] resolving all ancillary issues.
4. Consents to the entry of a Final Judgment of Divorce incorporating the MSA.
5. Waives further notice of proceedings except as required by Court Rule.

Dated: [__/__/____] _____________________________________
[DEFENDANT FULL LEGAL NAME]

PART 10 — FINAL JUDGMENT OF DIVORCE

FINAL JUDGMENT OF DIVORCE

THIS MATTER having come before the Court on the verified Complaint for Divorce filed by Plaintiff, and the Court having jurisdiction over the parties and subject matter, and the parties having submitted a Marital Settlement Agreement dated [__/__/____], and the Court being satisfied with the proofs:

IT IS, on this [____] day of [__________], 20[____], ORDERED AND ADJUDGED:

1. Dissolution. The bonds of matrimony between [PLAINTIFF FULL LEGAL NAME] and [DEFENDANT FULL LEGAL NAME], married on [__/__/____], are dissolved, and the parties are divorced from each other on the ground of irreconcilable differences pursuant to N.J.S.A. § 2A:34-2(i).

2. Marital Settlement Agreement. The Marital Settlement Agreement of the parties, dated [__/__/____], is incorporated herein by reference, but not merged, and shall survive as an independent contract enforceable in equity and at law.

3. Equitable Distribution. Marital assets and debts are distributed in accordance with the MSA.

4. Alimony / Child Support. Support obligations are as set forth in the MSA and the Child Support Guidelines Worksheet (if applicable). All child support shall be paid through New Jersey Probation Services with immediate income withholding (N.J.S.A. § 2A:17-56.8) unless an alternate arrangement is approved.

5. Custody / Parenting Time. Legal custody and parenting time are as set forth in the MSA.

6. Name Restoration. Plaintiff's former surname, [_________________________], is hereby restored.

7. Insurance and Beneficiary Designations. The parties shall comply with the insurance and beneficiary provisions of the MSA.

8. Continuing Jurisdiction. The Court retains jurisdiction over all matters of custody, parenting time, child support, alimony, and enforcement of this Judgment.

_____________________________________
J.S.C. — Superior Court of New Jersey

PART 11 — POST-JUDGMENT CHECKLIST

☐ Certified copies of Final Judgment of Divorce obtained (Plaintiff, Defendant, employers for wage withholding).
☐ Qualified Domestic Relations Order (QDRO) drafted and submitted to plan administrator(s) if retirement assets divided.
☐ Title transfers (real estate by deed; vehicles via DMV) effected within timeline in MSA.
☐ Refinancing of jointly held debt completed per MSA timeline.
☐ Beneficiary designations updated on life insurance, retirement accounts, and bank/brokerage accounts.
☐ Health insurance coverage continued / COBRA elected within 60 days.
☐ Estate plan updated (will, power of attorney, healthcare directive).
☐ Name change carried through Social Security, DMV, passport, banks.

PART 12 — SOURCES AND REFERENCES

• New Jersey Legislature — N.J.S.A. Title 2A, Chapter 34: https://www.njleg.state.nj.us
• New Jersey Courts Self-Help Center — Divorce: https://www.njcourts.gov/self-help/divorce
• New Jersey Courts — Early Settlement Panels: https://www.njcourts.gov/courts/family/esp-directory
• New Jersey Rules of Court (Rules 5:1–5:25): https://www.njcourts.gov/attorneys/rules-of-court
• New Jersey Child Support Guidelines — Court Rule 5:6A, Appendix IX
• Case Information Statement (CIS) — AOC form
• Lepis v. Lepis, 83 N.J. 139 (1980) — modification standard
• Cesare v. Cesare, 154 N.J. 394 (1998) — factual deference in family matters