New Jersey Divorce Procedures

When the divorce action is begun, if either divorcing partner is a resident in this state, then, 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.

New Jersey Divorce Procedure regarding Complaint of divorce

The first step in a divorce procedure is that the Plaintiff files a divorce complaint. 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, then 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, then, the county where the Plaintiff currently stays is chosen. If the Plaintiff does not at present stay in this state, then the county wherein the Defendant presently resides

The New Jersey Court Rules, 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, then, the date of birth, address and data regarding with whom and where the child resides is to be stated in this 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, then 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 divorce 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 any 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.

Divorce Papers