VLJ Divorce Program - Training Manual

DIVORCE BASICS

Wednesday, April 3, 2024

12:00 p.m. - 1:30 p.m.

Virtual

Divorce Basics: An Introductory Course for Non-family Law Practitioners

April 3, 2024

Zoom

12:00 – 1:30p.m.

This CLE will provide an overview of New Jersey matrimonial law, and will focus on common procedures in divorce cases. The goal of this program is to familiarize non-family attorneys and with the divorce process in New Jersey. The training includes best practices and an overview of the commonly-seen issues and forms utilized during the clinic. By the conclusion of the program, participants should feel comfortable assisting with completing divorce pleadings, forms, and advising pro se litigants in VLJ-run Divorce Clinics.

AGENDA

12:00

Introductions

Victoria Carvajal, Volunteer Lawyers for Justice

Alexandra Bravo, Volunteer Lawyers for Justice

12:05

12:45

Overview of Divorce in New Jersey

Brian Schwartz (Szaferman, Lakind, Blumstein & Blader, P.C.)

•Review of the divorce process from start to trial

•Discussion of common issues that arise throughout the divorce process.

VLJ Divorce Clinic Overview and Procedures

Victoria Carvajal, Volunteer Lawyers for Justice

• Discussion of clinic procedures

• Clinic overview and scope

• Services, pleadings, and forms

1:20

Volunteering With VLJ

Victoria Carvajal, Volunteer Lawyers for Justice

• How and Why

• Getting started

Biographies

Brian Schwartz, Esq. is a partner at Szaferman, Lakind, Blumstein & Blader, P.C. Prior to that, he was a founding member of Schwartz Vinhal & Lomurro Family Law, LLC. He has been dedicated exclusively to the practice of family law since receiving his law degree in 1993. Brian served as the Chair of the New Jersey State Bar Association Family Law Section from 2013-2014 and was the Executive Editor of the New Jersey Family Lawyer. He received the Legislative Recognition Award in 2006 and 2013 and has been named a Top Ten Leader Under 45 in Matrimonial Law in Northern New Jersey from 2006-2013. He was a moderator for the prestigious Family Law Symposium in 2014, as well as a featured speaker at the Symposium in 2007, 2008 and 2009. Brian was a faculty member in the inaugural American Institute of Certified Public Accountants (AICPA) Expert Witness Skills Workshop in Washington, D.C and returned as a faculty member in 2012 in Chicago, 2013 in Seattle, 2014 in New Orleans and 2016 in Denver. He is a member of the Matrimonial Lawyers Alliance, a group of less than 50 elite Family Law Attorneys from throughout New Jersey. Brian is also a Barrister in the North Jersey Family Law Inn of Court, In April 2017, in recognition of his significant contributions to the practice of family law, Brian was one of the youngest lawyers ever to receive the Saul Tischler Award from the New Jersey State Bar Association, presented for Lifetime Achievement in the advancement of Family Law. Brian is a frequent lecturer for various professional groups and has authored numerous articles for prominent publications. Brian received his J.D. from the University of Pittsburgh School of Law and his B.A. from the George Washington University.

Alexandra Bravo , Esq. is a Staff Attorney who oversees the Veterans Legal Program, Divorce Program, and handles issues relating to child support as they arise in other programs. Prior to joining VLJ, Alexandra was an associate at Bastarrika, Soto, Gonzalez, & Somohano, LLP where she practiced family law. Alexandra previously clerked for the Hon. Yolanda Adrianzen, J.S.C. Alexandra received her bachelor’s degree from Seton Hall University and her law degree from Rutgers Law School, where she was a managing editor of the Rutgers Law Journal. Alexandra is also fluent in Spanish.

Victoria Carvajal, Esq. is a Staff Attorney at Volunteer Lawyers for Justice, where she oversees the Human Trafficking Survivors' Legal Assistance Program in addition to managing the pro se Divorce Clinic. Prior to joining VLJ, Victoria worked at Northeast New Jersey Legal Services in the Public Entitlements unit She clerked for the Honorable Robert J. Jones Jr. in Recovery Court in Middlesex County. Victoria received her BA in Creative Writing from Fairleigh Dickinson University and her JD from Rutgers Law School. She is committed to a career in public interest practice.

CHAPTER 1: OVERVIEW OF DIVORCE IN NEW JERSEY

CHAPTER 2: HELPFUL MATERIALS

Chancery/General Equity Office

Superior Court Offices

Provides case status, management and information regarding probate, foreclosure, adult guardianship and general equity cases.

Civil Customer Service

Provides forms and case status on civil matters involving small claims, landlord tenant, special civil and law division cases.

Email: ESXCivCuServ.mbx@njcourts.gov

Criminal Case Management

Provides case status, management, expungement applications, records requests and municipal appeal applications processed.

Pretrial Services ext. 56400

Family Court Matters

New and existing cases for unmarried individuals - Ext. 57048

Children in Court / Child Welfare Cases - Ext. 56610

Divorce cases ext. 57040

Domestic violence cases ext. 56840, ext. 57049, TRO ext. 57210

Juvenile delinquency cases ext. 56775

Child Support Enforcement (877) 655-4371

Email: ESXFamCustSV.MBX@njcourts.gov

Jury Services

Juror reporting, scheduling and assignment.

Information also available on the Judiciary website at www.njcourts.gov

Email: esx-jury.mbx@njcourts.gov

Office of the OmbudsmanInformation & Community Relations Center

Provides court information, guidance on court forms, resources and community outreach. The Ombudsman addresses complaints regarding court employees, case related issues or conflicts.

Email: essexhelp.mailbox@njcourts.gov

Probation Services

Provides supervision of offenders by enforcing court orders, monitoring, community service and payments.

495 Dr. MLK, Jr. Blvd. 3rd Floor

Newark, NJ 07102

(973)776-9300 ext. 56900

465 Dr. MLK, Jr. Blvd Room 241

Newark, NJ 07102

Tel: (973) 776-9300 ext. 56800

50 W. Market St Room 912

Newark, NJ 07102

Tel: (973) 776-9300 ext. 57113 or ext. 69029

212 Washington St Newark, NJ 07102

(973)776-9300 ext. 56667

50 W. Market St Room 150

Newark, NJ 07102

Tel: (973) 776-9300 ext. 56887

50 W. Market St Room 132

Newark, NJ 07102

Tel: (973) 776-9300 ext. 56886

Family Unit ext. 57400

212 Washington St, Room 113 Newark, NJ 07102

60 Evergreen Place 7th Floor East Orange, NJ 07018

Tel: (973) 776-9300 ext. 53021 or ext. 53020

Essex County Government

Office of the County Executive

Chief executive over the county government.

County Clerk’s Office

U.S. passport applications, county ID, notary applications, register small business trade names, peddlers license and election services.

Division of Housing & Community Development

Provides a choice of housing and community development services for projects in various participating municipalities throughout Essex County. Including the Homebuyer Assistance Program (HAP).

Department of Citizen Services

Provides assistance and referral to programs for qualified applicants.

Division of Community Action

Provides community based strategies to prevent homeless including planning and coordinating the delivery of emergency services to those who are homeless or in imminent danger of becoming homeless.

Division of Community Health Services

Provides health related resources and services to local community members and those in surrounding areas.

Division of Family Assistance & Benefits

Eligible individuals may qualify for assistance with food, housing, home energy, child care, job training and other services.

Division of Senior Services

Provides planning, program development, and coordination of services to individuals, ages 60 and over, in the county. Services include food, emergency assistance, caregiver support and other resources.

Essex County Child Support Enforcement

Parent locator services, paternity and enforcement for welfare related cases.

Essex County Special Transportation

Provides transportation to seniors and handicap individuals to and from medical appointments

Medicaid clients should call (866) 527-9933

465 Dr. MLK, Jr. Blvd Room 405

Newark, NJ 07102

Tel: (973) 621-4400

495 Dr. MLK, Jr. Blvd

Newark, NJ 07102

Tel: (973) 621-4920

20 Crestmont Rd Verona, NJ

Tel: (973) 655-0200

50 So. Clinton St East Orange, NJ

Tel: (973) 395-8400

50 So. Clinton St 3rd Floor

East Orange, NJ

Tel: (973) 395-8400

50 So. Clinton St, Ste. 4300 East Orange, NJ

Tel: (973) 395-8464

320-321 University Ave 2nd Floor

Newark, NJ

Tel: (973) 395-8000

465 Dr. MLK, Jr. Blvd Room 102

Newark, NJ 07102

Tel: (973) 395-8375

320-321 University Ave Newark, NJ 07102

Tel: (973) 733-3018/3389

Call Center: (973) 395-8000

465 Dr. MLK, Jr. Blvd Room 102

Newark, NJ 07102

Tel: (973) 737-7200

Domestic Violence & Sexual Assault Resources

24HourHotlines

New Jersey Domestic Violence Hotline

Hearing Impaired: (855) 812-1001

National Domestic Violence Hotline

Hearing impaired: (800) 787-3224

National Sexual Assault Hotline

The SAFE House

Emergency Shelter and other services

Rachel Coalition/Jewish Family Service

Counseling,SupportGroups&Advocacy

Essex Co. Prosecutor’s Victim-Witness Office

Provides a wide range of services and referrals to victims of crime and their family.

https://njecpo.org/vw/

Essex-Newark Legal Services of NJ

Domestic Violence Representation Project provides direct legal representation and advice to victims. Legal representation for tenancy issues, debt related law suits and family court cases.

Family Justice Center

Crisis intervention, assistance with applying for TRO, FRO, referrals and screenings.

www.essexcountyfjc.org

Family Service League

Services open to all individuals, provides support and advocacy for victims and their family.

Email: info@familyserviceleague.org

La Casa de Don Pedro

Counseling, advocacy, assistance in Spanish, referrals and support services for victims.

www.lacasanwk.org

Rachael Coalition/Jewish Family Service of MetroWest

Individual counseling, legal assistance, referrals and social services.

www.jfsmetrowest.org

Tel: (800) 572-SAFE (7233)

Tel: (800) 799-SAFE (7233)

Tel: (800) 656-4673

Tel: (973) 759-2154

Tel: (973) 740-1233

50 W. Market St, 3rd Fl Newark, NJ 07102

Tel: (973) 621-4687 (973)621-4700

5 Commerce St Newark, NJ 07103

Tel: (973) 624-4500

Tel: (888) 576-5529

60 Nelson Pl , 2nd Floor Newark, NJ 07102

Tel: (973) 230-7229

440 Franklin St, Suite 200 Bloomfield, NJ 07003

Tel: (973) 746-0800

23 Broadway Newark, NJ 07104

Tel: (973) 483-2703

570 W. Mt. Pleasant Ave

Livingston, NJ 07039

Tel: (973) 740-1233

Domestic Violence & Sexual Assault Resources

Counseling,SupportGroups&Advocacy

Partners (Formerly Partners for Women and Justice)

Provides free legal help to victims and survivors with FRO’s, FPO’s, modifications and related issues.

Shani Baraka Women’s Resource Center

Provides support, care, protection and empowerment for women of all ages.

Sylvia’s Place

Offers shelter and supportive services to survivors of abuse and their children.

Tel: (973) 233-011

300 Clinton Ave

Newark, NJ 07108

Tel: (973) 733-8949

Tel: (862) 444-3126

Relevant New Jersey Statutes

NJSA 2A:17-56.67-2A:17-56.75

NJSA 2A:34-1 (a)-(f)

NJSA 2A:34-2 (a)-(i)

NJSA 2A:34-3

NJSA 2A:34-8

NJSA 2A:34-23(a)-(c)

NJSA 2A:34-23.1

NJSA 2A:34-65 et al.

NJSA 2C:25

NJSA 9:2-4

NJSA 9:17-5-6, 38-50, 52-59

NJSA 26:8-28.1

Relevant New Jersey Court Rules

R. 1:5-2

R. 1:5-3

R.1:5-7

R.1:9-1

R.1:9-2

R. 1:13-2

R. 4:4-3 (a)

R. 4:4-3(c)

R. 4:4-5(a)(3)

R.4:4-5(b)

R.4:4-6

R. 4:4-7

R. 4:5-4

R. 4:6-1(a)

R.4:10-2(e)

R.4:14-7

R.4:17-1

R.4:17-5

R.4:18-1

R.4:23-1

R.4:23-5

R.4:43-1

R.4:43-2

R. 5:1-1

R. 5:1-2

R. 5:1-4

R. 5:4-2(a)

R. 5:4-2(c)

R.5:4-2(d)

R. 5:4-2(f)

R. 5:4-2(g)

R.5:4-2(h)

R.5:4-3

R.5:5-1

R.5:5-2

R.5:5-4

R.5:5-5

R.5:5-6

R.5:5-7

R. 5:5-8(a)

R.5:5-9

R.5:5 -10

R. 5:6

R. 5:7A

R. 5:7-1

R. 5:7-2

R. 5:7-5

R. 5:8-1

R. 5:8-2

R. 5:8-3

R. 5:8-4

R. 5:8-5

R. 5:8-6

R. 5:12-1

R.5:8A

R.5:8B

R.5:8C

Appendix IX A

Appendix IX B

Appendix IX C

Appendix IX D

Appendix IX E

Appendix IX H

Relevant New Jersey Court Rules (Annotated)

R.5:6A

R. 5:7-4

New Jersey Case Law

Alimony

Cox v. Cox, 335 N.J. Super. 465 (App. Div. 2000)

Crews v. Crews, 164 N.J. 11 (2000)

Gnall v. Gnall, 432 N.J. Super. 129 (App. Div. 2013)

Hughes v. Hughes, 311 N.J. Super. 15 (App. Div. 1998)

J.E.V. v. K.V., 426 N.J. Super. 475 (App. Div. 2012)

Mani v. Mani, 183 N.J. 70 (2005)

Tannen v. Tannen, 416 N.J. Super. 248 (App. Div. 2010)

Weishaus v. Weishaus, 360 N.J. Super. 281 (App. Div. 2003)

Weishaus v. Weishaus, 180 N.J. 131 (2004)

Child Support

Arribi v. Arribi, 186 N.J. Super. 116 (App. Div. 1982)

Beck v. Beck, 86 N.J. 480 (1981)

Bencivenga v. Bencivenga, 254 N.J. Super. 328 (App. Div. 1992)

Dorfman v. Dorfman, 315 N.J. Super. 511 (App. Div. 1998)

Gotlib v. Gotlib, 399 N.J. Super. 295 (App. Div. 2008)

Jacoby v. Jacoby, 427 N.J. Super. 109 (App. Div. 2012)

Lepis v. Lepis, 83 N.J. 139 (1980)

Martinetti v. Hickman, 261 N.J. Super. 508 (App. Div. 1993)

Monmouth County Courts v. GDM, 308 N.J. Super. 83 (Ch. Div. 1997)

Newburgh v. Arrigo, 88 N.J. 529 (1982)

Patetta v. Patetta, 358 N.J. Super. 90 (App. Div. 2003)

Pascale v. Pascale, 140 N.J. 583 (1995)

Custody

Beck v. Beck 86 N.J. 480 (1981)

Pascale v. Pascale 140 N.J. 583 (1995)

Evidence

Kinsella v. Kinsella, 150 N.J. 276 (1997)

In re Kozlov, 79 NJ 232 (1979)

Equitable Distribution

Clementi v. Clementi, 434 N.J. Super. 529 (Ch. Div. 2013)

DeVane v. DeVane, 260 N.J. Super. 501 (Ch. Div. 1992)

Landwehr v. Landwehr, 111 N.J. 491 (1988)

Painter v. Painter, 65 N.J. 196 (1974)

Rothman v. Rothman, 65 N.J. 219 (1974)

Sculler v. Sculler, 348 N.J. Super. 374 (Ch. Div. 2001)

Smith v. Smith, 72 N.J. 350 (1977)

Weiss v. Weiss, 226 N.J. Super. 281 (App. Div. 1988)

Orders to Show Cause

Crowe v. De Goia, 90 N.J. 126 (1982)

Personal Injury

Tevis v. Tevis, 79 NJ 422 (1979)

Trial:

After you have completed your case management conference and if Early Settlement does not result in a settlement, the disputed issues will be determined by the court at trial. A trial is a judicial examination of the issues between the parties. The plaintiff and

Complaint:

ThePlaintiffs' statementoffact establishingcausefordivorceand/or other specificrelief(s).

Answer:

Thedefendant'sresponselothe plaintiffscomplaint.

Counterclaim:

Aclaimpresentedbyadefendantin oppositiontotheplaintiff'sclaimorin seekingaseparatecausefordivorce.

Plaintiff:

Thepartywhoinitiatesalawsuitby filingaformalcomplaintwiththecourts.

Defendant:

Thepartysuedinalawsuitinitiated by theplaintiff.

DefaultJudgment: Judgmententeredagainstapartywho

the defendant will have the opportunity to present their issues by introducing evidence to the court. Evidence can take the form of testimony by the partiesor a witness. Evidence can alsobe documents, pictures or other material items.

hasfailedtodefendagainstaclaimthat hasbeen broughtbyanotherparty.

Motion:

Aformalrequest madetoajudge fora specificrulingorreliefin thefiling parties'favor,

OrdertoShowCause:

Anemergencyapplicationtothecomt forajudgetoissueawritten mandate thatapartyappearincourtwithproof and legalargumentsastoapmticular ordershouldnotbemade,

Trial:

Theexaminationoffacts,evidenceand applicablelawbyajudge/competent authmity,todeterminetheissue regardingspecifiedchargesorclaims.

Custody: Indomestic relations,acomt's determination ofwhichparent

FrequentlyDialedNumbers: SuperiorCourt (Automatedattendant) (973) 693-6600

njcourt�.com

(appropriateparty)should have physical and/orlegal control and responsibility fora minorunderage 18.

JointLegalCustody:

Acou1torderwherebybothparents sharetheabilitytohaveaccessto educational,health,andotherrecords, andhaveequaldecision-makingstatus wherethewelfareofthechildis concerned.

SoleLegalCustody:

Acourtorderwherebyoneparentis grantedaccesstoeducational,health, andotherrecords,andhasfulldecisionmakingresponsibilitieswherethe welfareofthechildisconcerned.

ParentingTime:

The non-custodialparent'stimethatis sharedwiththe child.

T IPS FOR C OURT

PRO SE INFORMATIONAL

Court Room Courtesy - Dos & Don’ts

How to prepare and act during your hearing

 Do keep all court appointments and be on time.

 Do keep all of your documents neatly organized.

 Do bring documents you may have to support your claim. Bring copies for the Judge and the opposing party

 Do present yourself clean and neatly groomed. Comb or brush your hair in a simple, neat style.

 Do dress appropriately. Wear neat, clean cloths as if you were going to a job interview. Men should tuck in their shirt, and women should dress conservatively.

 Do direct all comments to the Judge even if you are responding to a comment made by another party.

 Do speak clearly, so that your answers can be heard. Keep your hands away from your face when you speak. You will be recorded.

 Do use courteous and appropriate language, such as “Yes, Your Honor,” and “No, Your Honor.”

 Do answer all the questions put to you by the court personnel. If you don’t understand the question, ask the person to repeat it.

 Do answer all questions honestly.

 Do get a copy of the Judge’s order before you leave the court room, including the child support worksheets.

What not to do during your hearing

 Do not mumble, chew gum or shout in the courtroom.

 Do not miss your court date.

 Do not refuse to answer questions posed by the judge

 Do not curse or use slang words.

 Do not eat or drink in the court room.

 Do not use cell phones, pagers, or other electronic devices in the court room. Turn off these devices before you enter the court room.

 Do not lose composure by getting angry or upset.

 Do not interrupt the Judge or the opposing party when he/she is speaking. You will have the opportunity to speak.

 Do not wear a hat.

MY ARGUMENTS

Child Support Services

PAYMENT AND RECEI v ING

CHILD SUPPORT P AYMENTS

After a payment amount is determined in the order, the Child Support Program collects the money, keeps records and sends the money to the appropriate payee. The Child Support Program collects money largely from income withholding. In other cases, payment can be made by check or money order using payment coupons as well as by credit and debit card. The payee has the option to receive payments either by direct deposit or by the New Jersey Debit MasterCard ® (New Jersey Debit Card). For more information, call 1-877-655-4371 or visit www.njchildsupport.org

ENFORCEMENT

If payments are made on time, and medical coverage for the child is maintained, enforcement is not necessary. However, if payments are not on time and enforcement is necessary, some examples are:

• Tax refund intercepts (Federal and State)

• Court hearing

• Reporting to credit agencies

• License denial and suspension (drivers, professional or recreational)

• Passport denial

• Seizure of assets (bank accounts, property, etc.)

More specific enforcement information about these and other procedures can be found by accessing the Child Support website at www.njchildsupport.org

HOW CAN I CHECK THE STATUS OF MY CASE?

You can visit our website at www.njchildsupport.org or call the New Jersey Child Support Hotline at 1-877-NJKiDS1 24-hours-a-day, 7-days-a-week for your case status.

PATERNITY ESTABLISHMENT

When parents are married and a child is born, the husband is the legal father and his name appears on the child’s birth certificate. To create the same legal relationship between unmarried parents and their children, paternity must be established. It’s an important step in ensuring that both parents support their child, and is the first step in collecting child support. When a father agrees that the child is his, he signs a document for “voluntary acknowledgement.” When he doesn’t agree, the Child Support Program will help you take steps, including genetic testing, to establish whether or not he is the father.

The Paternity Opportunity Program (POP) provides further assistance in this process. For more information please visit the POP website at www.nj-paternity.com or www.njchildsupport.org.

APPLYING FOR CHILD SUPPORT SER v ICES

Applying for services is easy. You may file an application and complaint for child support online today at www.njchildsupport.org or visit your local child support office. You may also contact us at 1-877-655-4371 and request an application. A hearing will be scheduled in order to complete the process. A one-time fee of $6.00 will be charged for child support services. (If you receive public assistance, your fee will be waived.)

CHILD SUPPORT ORDER

In New Jersey, child support, including medical support, is established by court order. Your child support office will help you take the necessary steps to establish a child support court order or visit www.njchildsupport.org to complete an application and file a complaint.

The amount of child support established is consistent with law and based on the New Jersey Child Support Guidelines. These guidelines are used to determine how much money each parent will contribute for the care of the child. Shared parenting responsibility is vital to the development of happy and healthy children. Health care for the child is to be ordered when available and at a reasonable cost.

MEDICAL SUPPORT

Once an order is entered and your case is established, your payments should begin quickly. However, it may take longer to receive payments if the non-custodial parent cannot be located or is unemployed. In order to receive payments quickly, you should provide your local child support office with the other parent’s full name, date of birth, address, social security number, place of employment or any other information you have. Additionally, you should also keep your appointments and ensure the local Child Support office has your current address and telephone number. Please report all changes of contact information promptly by calling the Child Support Hotline at 1-877-NJKiDS1 . We believe both parents have a responsibility to support their child. But if they don’t, enforcement actions –such as court hearings, tax intercepts, passport denial, license suspension, seizure of assets, and other methods –may become necessary in order to collect child support.

Medical Support refers to health insurance coverage for your child. It is important for the health and safety of your child that they have access to health care coverage. Your child support order will address parental responsibility for health care coverage and its availability through both parents’ resources.

LOCATION

If you don’t know where your child’s other parent is, the Child Support Program will assist you in locating him/her. Any information you can provide will assist us and speed up the search.

Helping the Pro Se Litigant: A Changing Landscape

Paula L. Hannaford-Agor

For several years, judges, court staff, and a growing number of lawyers have recognized that at least one party is not represented by a lawyer in a sizeable portion of family law and smaller civil cases. Often both parties are self-represented. Two underlying factors associated with self-represented litigation—the relative scarcity of affordable legal services and an increased “do-it-yourself” attitude by many litigants—are fairly self-evident. What is less clear is how best to ensure that these litigants have sufficient access to the justice system to be able to resolve legal problems fairly and effectively.

Courts and legal service providers have tried a variety of approaches to address the needs of self-represented litigants. Some maintain that the best solution is to steer litigants back toward competent legal counsel and so have focused their efforts on promoting greater lawyer participation in pro bono programs and securing adequate funding for legal services agencies. Some provide self-represented litigants with basic materials and legal resources such as simplified forms and instructions to help litigants maneuver their way through the civil justice system. Still others champion the use of alternative dispute resolution programs, trying to divert self-represented litigants away from the more adversarial and procedurally complex venue of traditional court proceedings. Although each of these approaches can claim some measure of success, it is clear that none has been fully effective.

This article describes how the influx of self-represented litigants has forced many within the court and legal communities to reconsider some of the fundamental premises on which the civil justice system is based and to respond in new and creative ways to changing litigant demands on existing court and legal resources. It focuses on changes to the delivery of legal services to low- and moderate-income people, especially the emergence of “unbundled” legal services, and addresses the practical implications related to the distinction between legal information and legal advice. Finally, it describes how judges and court staff are rethinking the conceptual design of the civil justice system and addressing specific factors associated with legal

Footnotes

The research on which this article was based was funded by grants from the State Justice Institute (SJI-00-N-248), the Open Society Institute (No. 20001562), the Center for Access to the Courts Through Technology, and the Illinois Institute of Technology. The points of view expressed are those of the author and do not necessarily represent the official positions or policies of the State Justice Institute, the Open Society Institute, the Center for Access to the Courts Through Technology, the Illinois Institute of Technology, or the National Center for State Courts. For additional information about the project, please contact Paula L. Hannaford-Agor, National

complexity and the inherent limitations of laypersons that create barriers to access for self-represented litigants.

SCARCITY OF AFFORDABLE LEGAL SERVICES

The major factor contributing to the increase in self-represented litigation is fairly obvious: a sizeable number of self-represented litigants proceed without a lawyer simply because they lack sufficient income to afford one. This trend has been welldocumented for quite some time. In 1994, for example, the American Bar Association conducted an in-depth study of the legal needs of low-income Americans and found that 47% of low-income households experienced a new or existing legal need each year, but only 29% were addressed through the legal/judicial system and 38% went unaddressed altogether.1 A second study of the legal needs of moderate-income Americans had similar findings. An estimated 52% of moderate-income households experienced a new or existing legal need each year, but only 39% of those needs were addressed through the legal/judicial system and 26% went unaddressed altogether.2 Both studies indicated that the vast majority of legal problems encountered were relatively uncomplicated, both factually and legally. The Legal Services Corporation (LSC), which was created in 1974 to provide legal assistance to low-income Americans, estimates that four out of every five income-eligible people who apply for assistance are turned away because the LSC lacks the resources to help them all.3 Despite the best intentions of the legal community, two decades of pro bono recruitment efforts have not yet begun to fill the gap in legal assistance needs for these low-income Americans. Nor are they likely to do so in the foreseeable future.

The results of these unmet needs are two-fold. First, many people simply do without legal solutions. They give up on recovering damages from minor contractual disagreements or smaller civil claims, or fail to defend against claims asserted against them for which they would otherwise have a legal remedy or defense. Others delay filing for divorce until some unspecified time in the future when they or their estranged

Center for State Courts, 300 Newport Avenue, Williamsburg, Virginia, 23185 (telephone: [757] 259-1556, facsimile: [757] 564-2065; e-mail: phannaford@ ncsc.dni.us).

1.American Bar Association, Report on the Legal Needs of the LowIncome Public: Findings of the Comprehensive Legal Needs Study (1994).

2.American Bar Association, Report on the Legal Needs of the Moderate-Income Public: Findings of the Comprehensive Legal Needs Study (1994).

3.Legal Services Corporation, Serving the Civil Legal Needs of LowIncome Americans: A Special Report to Congress 14 (2000).

spouses might be able to afford a lawyer, and in the meantime muddle through with informal (and hence unenforceable) agreements for child support and the distribution of assets and debts. Most are unaware of the potential consequences of doing without legal assistance. Second, those who do not have the option to forgo a legal remedy are forced to navigate the civil justice system without a lawyer, becoming the ubiquitous pro se litigants that cause so much consternation for judges, court staff, and lawyers representing opposing parties or other litigants on the docket.

Judicial and legal policy makers have gradually come to the realization that there will never be enough affordable legal services to meet the demand for full legal representation for all eligible individuals. Given existing budgetary constraints, a 400% increase in funding for legal services is highly unlikely. Similarly unlikely is a dramatic increase in pro bono activity by lawyers, a dramatic decrease in legal fees, or a return to the barter system of an earlier era in which clients could pay for legal assistance with their own goods or services.

This new understanding has spurred two significant shifts in philosophy—one within the courts community about what constitutes the principal components of access to justice and another within the legal community about how best to deliver legal services. For judges and court staff, the initial concern was how to address the ethical and practical implications of increased numbers of self-represented litigants. The departure from the traditional model of litigants represented by competent attorneys posed enormous challenges for courts in terms of both increased staff time and administrative costs as well as perceived restrictions on the ability of judges and court staff to offer meaningful assistance.

An early response by many courts was to vigorously maintain existing barriers to self-representation—for example, by strictly enforcing “no legal advice” policies for court staff and holding self-represented litigants to the most exacting procedural standards—in hopes that these efforts would discourage litigants from seeking legal recourse in the courts without first obtaining competent legal representation. Over time, however, some courts changed their minds about the wisdom of this approach—in part, because it was largely ineffective and ultimately counter-productive. In spite of barriers, the number of self-represented litigants continued to rise, and the failure of courts to offer them any assistance not only exacerbated logistical problems but also undermined public trust and confidence in the courts as effective and responsive social institutions.

An even more important consideration was the growing realization that the majority of self-represented litigants had legitimate legal problems that could only be resolved through judicial intervention. The concept of access to justice has long been considered by the civil justice community as synonymous with access to a lawyer, largely out of recognition that the American justice system is an extraordinarily complex institution. This framework, however, has always been

[T]he majority of selfrepresented litigants had legitimate legal problems that could only be resolved through judicial intervention, but could not obtain affordable legal assistance.

premised on the assumption of an adequate supply of affordable legal services: judicial and legal policy makers had not contemplated how low- and moderate-income people would obtain access to justice if the cost of legal services increased beyond the financial means of most households or, for that matter, of government agencies to provide to eligible individuals. As the new reality took hold, a growing number of judicial policy makers adopted the view that a fundamental requirement of access to justice is access to the courts and that access to lawyers, as articulated in the Sixth Amendment, is not sufficient by itself to ensure access to justice.4 This new outlook prompted a radical change in the willingness of courts to respond to the needs of self-represented litigants.

At the same time that the courts were grappling with the implications of growing numbers of self-represented litigants, the legal community, especially lawyers who regularly worked with low- and moderate-income individuals, was forced to confront how changing economic circumstances were affecting the delivery of legal services. The traditional view was that anything less than full-service representation was tantamount to unequal protection, in effect creating a lower or even non-existent standard of justice for the poor and near-poor. At first there was great resistance to abandoning this view. But recognizing the limitations of scarce resources, the LSC in the late 1990s adopted a dramatically different strategy for carrying out its mission to promote equal access to the justice system. Rather than insisting on full-representation for all of its clients, the LSC sought to increase the availability of legal services to eligible persons by providing legal information and limited assistance to those individuals with relatively uncomplicated problems. It could then reserve full representation for those individuals with more complicated cases, and those who, due to cognitive or emotional limitations, would be unable to pursue claims effectively on their own. This strategy was implemented by requiring local agencies to specify how they planned to meet the needs of self-represented litigants, and to document how effectively they had done so, as a condition of receiving federal funding.

A similar dynamic also took place in many local pro bono programs. Due to increased specialization within the legal profession as well as limitations on the amount of time and resources that individual lawyers could devote to full-representation on a pro bono basis, many local programs established legal hotlines and clinics in which lawyers could contribute a

4.See Conference of Chief Justices and Conference of State Court Administrators, Final Report of the Joint Task Force on Pro Se Litigation (July 29, 2002).

The rise in consumer demand for unbundled legal services has helped to draw a distinction between what are quintessentially legal services . . . and those tangential services that lawyers have traditionally performed . . . .

couple of hours each month for consultation on routine legal matters without undertaking ongoing responsibility for the case. Similar efforts include legal workshops or clinics that educate people about legal rights and provide minimal assistance in completing court documents.

Both the LSC and the pro bono approaches are the no-fee corollary of the “unbundled” model of legal services delivery in which lawyers undertake discrete legal tasks—consultation and legal advice, preparation or review of legal forms, in-court representation—for a full or only slightly reduced fee. This model makes it possible for individuals to obtain access to competent legal advice and assistance on those aspects of their cases that they most desire help, without paying full legal fees for tasks that they feel comfortable doing themselves. It also accommodates the desires of many litigants to have a more active role in how their cases are managed, including the timeliness of a final resolution.

The unbundled services model has not been enthusiastically embraced in all parts of the country. Many lawyers express concerns about the ethical obligations of discrete task representation as well as the potential for professional malpractice liability. A secondary concern is whether the local judiciary will respect limited representation agreements. Recent changes to the Model Rules of Professional Conduct explicitly permit these types of arrangements, provided that they are reasonable under the circumstances and that the client gives informed consent to the agreement.5 Even with these assurances, this model poses challenges for lawyers. To be a cost-effective model for both lawyers and clients, for example, the lawyer must have the immediate knowledge required to provide competent legal advice and assistance in a timely manner: there is no opportunity for a lawyer to spend two to ten hours researching a legal question at $100 or more per hour. Thus, lawyers must know the law very well and be fairly proficient with diagnostic interviews in order to provide competent legal assistance on an unbundled basis, skills that are generally not the province of younger, less experienced lawyers.

The rise in consumer demand for unbundled legal services has helped to draw a distinction between what are quintessen-

tially legal services—that is, the tasks that form the core of the ever-ambiguous phrase “practice of law”—and those tangential services that lawyers have traditionally performed for clients in the course of carrying out the representation. This then has become the starting point for how the court and legal communities address the second set of factors that impede access to justice for self-represented litigants: restrictions on the availability of legal information that litigants need to make informed decisions about how to pursue a claim or defense, including whether to retain a lawyer for some or all of the case.

LEGAL INFORMATION AND LEGAL ADVICE

Richard Zorza, lawyer, author,6 and consultant to many courts and legal organizations on access to justice issues, has a useful illustration to explain the distinction between legal advice and legal information: “If you ask a question of two lawyers, and get two different answers, and neither lawyer is committing malpractice, that is legal advice. But if there is only one right answer, that is legal information.” Legal information should be available to all people and from any source, including non-lawyers and even court staff (who are uniquely knowledgeable about legal information, especially local court procedure).7

Although obviously tongue-in-cheek, Zorza’s explanation is a useful one for thinking about what lawyers do for clients that clients are unable to effectively do for themselves. It also distinguishes those functions from those that individuals can do for themselves if given access to accurate legal information. A recent project of the National Center for State Courts, conducted in cooperation with the Chicago-Kent College of Law and the Illinois Institute of Technology’s Institute of Design,8 identified five categories of legal services, defining that term as the composite of legal advice and legal information that constitutes traditional legal representation in the civil justice system. These five categories—diagnosis, logistics, strategies, resolution, and enforcement—are the areas that self-represented litigants appear to struggle with the most. As we shall see, most of these categories have varying mixtures of legal advice and legal information, so identifying the aspects of each category that consist mainly of legal advice provides a preliminary template for the tasks that the legal community might provide through a model of unbundled legal services. Similarly, the specific aspects of each category that consist mainly of legal information can be the starting point for either the courts or the legal community to provide information services for selfrepresented litigants.

Diagnosis

The diagnosis category is premised on the assumption that most individuals, given the tools to do so, will attempt to

During the Last Five Years, 84 JUDICATURE 198 (2001); John M. Greacen, No Legal Advice from Court Personnel! What Does That Mean?, JUDGES’ J., Winter 1995, at 10.

6.RICHARD ZORZA, THE SELF-HELP FRIENDLY COURT: DESIGNEDFROM THE GROUND UPTO WORKFOR PEOPLE WITHOUT LAWYERS (NCSC, 2002).

7.John M. Greacen, Legal Information vs. Legal Advice: Developments

8.The project was funded by grants from the State Justice Institute (SJI-00-N-248), the Open Society Institute (No. 20001562), the Center for Access to the Courts Through Technology, and the Illinois Institute of Technology.

5.Model Rules of Prof. Conduct Rule 1.2(c) (“A lawyer may limit the scope of representation if the limitation is reasonable under the circumstances and the client gives informed consent.”) and comments [6] – [8].

resolve problems in a rational and responsible manner—legally and effectively. So when confronted with a legal problem, the most important questions for which people seek answers are:

•What are my legal options?

•Are any legal, financial, moral, or other important implications related to those options?

• How are those options pursued?

• How much time, money, and other resources are needed to pursue those options?

To answer those questions, lawyers typically help guide their clients through a logical decision tree of varying complexity depending on the type of problem under consideration. Take, for example, someone consulting a lawyer about a divorce. Figure 1 illustrates the typical issues that would arise in the decision-tree analysis.

In most jurisdictions, the number of legal options available to a client is generally two, and at most three.9 The first option is to do nothing and stay legally married, which has obvious implications not only in terms of ongoing animosity (presumably the client is not seeking to dissolve an otherwise happy marriage) but also restrictions on future relationships (the client cannot remarry until the existing marriage is legally dissolved) and continued legal responsibility for the welfare and future legal obligations incurred by the spouse. The second option is to obtain a divorce from a court of competent jurisdiction. A good lawyer would first discuss with the client the requirements for filing for divorce, including residency inthe jurisdiction and satisfaction of any statutorily-defined period of legal separation. Then the lawyer would discuss obvious implications of divorce including the need to decide on the disposition of children (custody, visitation, child support), spousal support, and property

disposition. After explaining the available options and their implications, a lawyer would typically answer questions about how to pursue those options, such as where to file for divorce (forum selection) and what steps may be necessary before filing (such as legal separation, required in some states).

It is only in the final step of providing advice based on the client’s facts that legal judgment and experience—the hallmarks of the practice of law— become more prominent . . . .

Finally, the lawyer would discuss with the client the time, money, and other resources that would be necessary to pursue each of these options. For example, the lawyer would advise the client about the probability of different outcomes of the divorce decree, such as the likely range of child or spousal support; the typical amount of time until the final divorce decree would be issued; the estimated costs including legal fees, court costs, and related expenses; the amount of out-of-court preparation required of the client for collecting relevant documents and affidavits for necessary witnesses; and the likely number of in-court appearances.

In this scenario, the initial steps are more accurately described as legal information. Typically they are stated as positive law in state statutes and court rules. It is only in the final step of providing advice based on the client’s facts that legal judgment and experience—the hallmarks of the practice of law—become more prominent and the intrinsic value of a lawyer becomes more evident. It is also precisely the kind of information and advice that people need to make an informed decision about whether they would be able to represent themselves effectively. Indeed, many self-represented litigants underestimate the amount of preparation needed for their cases and, if fully advised of the time and resources involved, might choose to seek assistance from a lawyer for some or all of the case. Obviously, this illustration is fairly straightforward. In other types of cases in which the positive law is less clear cut, the threshold where legal information blurs into legal advice might occur much earlier in the consultation.

Logistics

Once all the legal options have been explored and one option agreed upon, the next area of legal expertise for which clients traditionally rely on lawyers involves carrying out the myriad of logistical steps necessary to bring the matter within the legal jurisdiction of the court for consideration. Other than the choice of forum (where a choice even exists), knowledge of these steps mainly consists of legal information rather than legal judgment. But carrying out these logistics can involve a

9.Some jurisdictions, such as Virginia and Kentucky, permit divorce “from bed and board,” which operates to sever the spouses’ rights to property acquired after the divorce as well as legal responsibil-

ity for liability incurred by the former spouse, but does not permit either spouse to remarry and does not affect inheritance rights (e.g. , dower, curtesy).

FIGURE 1: DIAGNOSTICS OF A DIVORCE ACTION

Few selfrepresented litigants realize that the vast majority of cases are disposed of through a bilateral agreement of the parties (settlement) . . . , not by a trial on the merits.

staggering number of individual steps: drafting pleadings, including all accompanying forms and affidavits; filing the pleadings with the court; paying the court fees or applying for a waiver for indigent litigants; arranging for service of process, either through the court, with the sheriff, or with a private process server; fulfilling any mandatory requirements to proceed, such as attending a parenting class or mandatory mediation; filing supplemental papers (separation agreement, financial affidavits); and then taking any formal steps needed to set the case on the calendar. After becoming aware of how tedious some of the steps can be, litigants who can afford to do so may opt to have a lawyer carry out some or all of these tasks, but there is little about these steps that requires the level of legal judgment that clients would ordinarily only receive from an experienced lawyer.

Strategies

After arranging for the logistics of a civil claim, the next step involves deciding on a strategy with which to pursue or defend the claim. The two most common strategies are to negotiate the dispute and try to arrive at a mutually agreeable settlement or to prepare for formal litigation before a judge or other judicial officer. As a practical matter, this decision is strongly tied to the litigant’s objectives concerning the case. The litigant obviously has superior knowledge of his or her own objectives, and those preferences should ordinarily be given great deference by the lawyer.10 But the decision also relies heavily on the lawyer’s judgment about which course of action would best secure the client’s objectives, so there is a great deal of added value from the information and advice a competent lawyer can impart.

One common misconception by many self-represented litigants is that, once they have filed their case, the court takes full responsibility for future decisions on the merits of the case. Few self-represented litigants realize that the vast majority of cases are disposed of through a bilateral agreement of the parties (settlement) or a unilateral decision by one of the parties (default judgment or dismissal for failure to prosecute), not by a trial on the merits. Indeed, it is somewhat ironic that the collective body of law referred to as civil procedure exists largely to prepare for trial, an event that very rarely happens. Judges, of course, are well aware that if full judicial review of the facts and the law was required to resolve each case, the civil justice system would come to a grinding halt in a matter of days. There is an implicit expectation that parties will continue to

negotiate with one another even after the case has been filed, hopefully arriving at some mutually agreeable arrangement that will alleviate the need for the court to expend time and effort deciding the case, or at least restrict that effort to a review of the agreement to ensure that it meets minimum legal requirements (e.g., child support, visitation).

Unfortunately, there are few mechanisms to inform self-represented litigants about this implicit expectation. Consequently, many self-represented litigants are unaware that they retain the ability to formulate their own resolution, and indeed that their resolution might be more advantageous to both parties than any that the court might impose. Although some courts have implemented mandatory mediation or other alternative dispute resolution programs that provide an opportunity to inform self-represented litigants about the possibility of a negotiated disposition, and even provide a structured forum for conducting the negotiations, not all do so.

If self-represented litigants are largely unaware that they can negotiate rather than litigate their cases, they are also uninformed of what they must do to prepare for litigation. Most self-represented litigants work under the misconception that a hearing is their first opportunity to tell their side of the story. The reality is that, for many, it is their last. Lawyers, of course, understand the importance of preparation, which involves the factual and legal documentation of the case. Exchanging interrogatories, conducting depositions to discover factual information under the control of the opposing party, and issuing subpoenas to compel witness appearances are all part of trial preparation. As a practical matter, however, most cases involving self-represented litigants do not generally require a great deal of discovery or legal preparation in that they tend to be factually and legally quite straight forward. Another component of preparation is learning the niceties of court presentation, such as court etiquette (e.g., how to address the judge and how to address the opposing counsel or party, if at all) and trial logistics (e.g., the order of trial, how to get documentary or demonstrative evidence admitted, how to frame questions to witnesses on direct and cross-examination).

Both negotiation and preparation for trial are skills that lawyers acquire with training and experience, but they are not solely dependent on legal judgment. Some self-represented litigants can represent their interests quite well in negotiations, perhaps even better than lawyers, if they are only informed of the benefits of doing so. Trial preparation is another thing entirely. Many self-represented litigants are understandably intimidated by the courtroom environment and are uncomfortable with the formality of trial procedure. Although some do reasonably well with coaching from a seasoned legal professional, limited representation for in-court proceedings is another task for which many litigants would be willing to pay reasonable legal fees.

Resolution and Enforcement

In spite of the complexity of the trial process, a commend-

10.See Model Rules of Prof. Conduct Rule 1.2(a) (“A lawyer shall abide by a client’s decisions concerning the objectives of the rep-

resentation and . . . shall consult with the client as to the means by which they shall be pursued.”).

able number of self-represented litigants prevail in their cases each year. Some of those cases are largely administrative proceedings that require little more than dogged determination and perseverance. In other cases, self-represented litigants demonstrate a remarkable degree of legal sophistication despite their lack of formal legal education and training. Even so, one of the biggest stumbling blocks takes place when the judge issues an oral judgment in favor of a self-represented litigant, and then turns to the litigant and requests him or her to commit the judgment to writing and submit it to the court for the judge’s signature—which leads back to the logistical problem of drafting court documents. There are few templates or model court forms that a self-represented litigant can examine to get an idea of what a written order might look like, much less what should be included in it. Many self-represented litigants, even though they have won their cases, lack knowledge about how to translate the judge’s oral statement into a binding and enforceable written instrument—if, indeed, they have thoroughly understood the judge’s oral judgment.

Even for cases in which the court drafts its own final orders, self-represented litigants are rarely knowledgeable about how to enforce these judgments in any meaningful way. Thus perpetuates the myth of the self-enforcing judgment in which, magically, the judgment-debtor pays the full amount of the debt, mortgage and finance companies are notified that a newly divorced person is no longer obligated on a previously jointlyheld note, etc. Some self-represented litigants believe that the court pays the judgment, then collects from the judgmentdebtor. Rarely are self-represented litigants given any information about their options for enforcing a judgment (e.g., lien or seizure of assets, garnishment), which brings them back to the beginning of the litigation cycle again: diagnosis of their legal options and the associated implications, the logistics of enforcement, and the most effective strategies and resolutions.

From an examination of the specific legal tasks involved in pursuing litigation, it becomes clear that access to legal information is the most critical need of self-represented litigants in the vast majority of cases. Legal judgment—the reasonable inferences that an experienced legal professional makes based on available information—can be critical to litigants in more complicated cases in which the sheer volume and complexity of legal information requires more time than the average layperson can commit to preparing his or her own case. But in less complex cases, self-represented litigants are typically able to make reasonable inferences from legal information, and thus the need for access to legal advice can be very helpful, but is not absolutely necessary. The question then becomes who is best situated to provide accurate legal information to self-represented litigants, and to encourage litigants to seek legal advice in appropriate circumstances.

WHAT COURTS AND LAWYERS CAN DO

Even for cases in which the court drafts its own final orders, selfrepresented litigants are rarely knowledgeable about how to enforce these judgments in any meaningful way.

Ethical constraints on judges, court staff, and lawyers mandate some separation of the spheres of assistance that can be offered to self-represented litigants. Judges and court staff operate under requirements of neutrality and objectivity, and lawyers operate under requirements of competence and the avoidance of conflicts. But there is no inherent ethical restriction on cooperation between the courts and the legal community in providing services that would meet the needs of self-represented litigants in a more-or-less seamless manner.11 So how can courts and legal service providers address each of the categories described above to improve access to justice for self-represented litigants?

Much of the decision-tree analysis that takes place during diagnosis relies on legal information, rather than legal advice, meaning that either the court or the legal community could ethically provide this information, and many do. A popular approach for many courts is to provide model court forms and instructions for the most common types of cases, such as divorce (with or without children), child support initiation and modification, and small claims. The biggest problem arises in the context of how to help self-represented litigants evaluate their legal options, including the option to proceed without legal representation. Some courts have addressed this dilemma through collaborations with the local legal community to provide consultation services for a nominal fee (e.g., $25 for a halfhour consultation) on an unbundled basis as part of the courts’ assistance programs for self-represented litigants. Self-represented litigants get the advantage of early consultation with a lawyer, and lawyers have an opportunity for future business if the litigant chooses to hire a lawyer to handle some or all of the case.

The Circuit Court for Baltimore County, Maryland, has taken this approach a step further. Part of the lawyer’s consultation12 involves an assessment of case complexity as well as the self-represented litigant’s emotional and intellectual ability to represent him or herself, and a formal recommendation about whether to proceed without a lawyer or not. (The vast majority of litigants—well over 90%—are given the green light to proceed pro se.) The Maryland Legal Assistance Network has also developed a technology application that provides a self-assessment tool for would-be self-represented litigants.13

11.John Greacen has written most eloquently about how courts can provide legal information to self-represented litigants without transgressing established ethical boundaries. See Greacen, supra note 7.

12.Lawyers who participate in this program are hired under a con-

[T]he way for courts to address the logistical problems of self-represented litigants is to stop thinking of common mistakes as “operator error” and to begin thinking about how to correct the system errors that frequently cause operators to fail.

The online questionnaire helps litigants determine the advisability of proceeding without a lawyer by focusing on litigants’ personality traits, motivation, organizational skills, knowledge of basic legal concepts, and knowledge of specific issues or problems that add complexity to otherwise routine cases. The litigant’s responses to questions are then evaluated, and the scoring measures indicate the likelihood of success as a self-represented litigant in terms of ability to navigate the civil justice system (but not in terms of case outcome). For those who score low on the self-assessment test, the website includes links to a variety of public and private legal service providers who offer reduced fee and pro bono services on either an unbundled or full-service representation basis.

Finally, most courts would be reluctant (and rightly so) to make predictions about cases filed by self-represented litigants (e.g., how long before a final decision is made, what will the outcome be). But there is no reason why courts cannot make general information available that could help self-represented litigants gauge such things for themselves (e.g., average filingto-disposition times for uncontested divorce cases, average number of court appearances). Many courts collect this information routinely for caseload management purposes, and there is no apparent reason that it could not be provided to the public.

Addressing the logistics of self-representation is more challenging, since the actual process of initiating and carrying out litigation in most courts is extremely complex for persons without training or experience in civil procedure. Although the purpose of court procedure is to preserve the rights of litigants and to manage court caseloads efficiently, procedures that were created to address new situations or types of cases often accumulate in ways that are internally inconsistent or that obscure the underlying purpose of those procedures. Take, for example, process requirements concerning who can serve court papers on litigants. In the early days of the U.S. Postal Service, when timely delivery of the mail was less reliable than it is today, most courts required service of process to be performed by law enforcement or professional process servers to ensure that litigants actually received notice of the suit and could testify to that effect if necessary. Since then, of course, postal service has improved dramatically and many courts now explicitly permit service of process by first-class or registered mail. Case

law in some states provides that actual notice is sufficient even if the litigant has not adhered to formal service procedures. All too frequently, however, statutes and court rules retain references to outmoded procedures and as a result, litigants are led to believe that the process involves multiple steps, multiple forms, and sometimes even multiple agencies (e.g., local sheriff and private process server).14

The first step, then, to reducing the level of logistical complexity involves evaluating existing procedures to identify the steps of the process that cause self-represented litigants the most trouble and to focus on simplifying those steps. Doing so, of course, requires judges and court staff to shift their frame of reference about the cause of problems encountered by self-represented litigants. An example from the glory days of the American railroad helps to illustrate how this frame of reference affects the efficiency of the overall system.15 In the early days of the American railroad, head-on collisions of locomotives were a common occurrence, ostensibly due to “operator error” by signalmen who failed to alert conductors of oncoming rail traffic on the next segment of track. At some point, however, the railroad companies changed their frame of reference from thinking about these accidents as operator error to thinking about them as system errors. To address the systemic problem, they began laying two sets of railroad tracks side by side, with each set dedicated to trains traveling in a certain direction, thus eliminating the potential for signalman errors. Miraculously, the number of operator errors associated with head-on collisions declined precipitously.

In the context of the civil justice system, the way for courts to address the logistical problems of self-represented litigants is to stop thinking of common mistakes as “operator error” and to begin thinking about how to correct the system errors that frequently cause operators to fail. Take, for example, the common complaint of court staff of having to reschedule hearings due to failure to arrange for service of process on the opposing party, either because self-represented litigants didn’t know that service of process was required or they didn’t understand how to go about doing it. Both Delaware and Virginia addressed this issue by having the court take responsibility for service of process at the time pleadings are filed. Court staff there take all of the information needed to perfect service of process from the filing party, collect the appropriate fee, and provide the information to the appropriate agency. In most Virginia jurisdictions, the local sheriff serves the papers; in Delaware, the court has a contract with a private process server. From the litigant’s perspective, filing the necessary papers is a one-step process— there is no need to contact another agency within the court (or down the street or across town, depending on the location) or to pay another set of fees.

Another common problem that can addressed through system reform is the large proportion of cases that seem to languish indefinitely because litigants do not know how to move to the next stage of the litigation process after they have filed the initial pleadings. Ultimately, many of these cases are dis-

14.Moreover, many court procedures carry on long after the conditions that led to their establishment have disappeared because the costs involved in removing or reforming obsolete

missed for failure to prosecute (and are then refiled at some later date). Instead of requiring litigants to take some affirmative step to alert the court that the case can proceed, some courts have made the process self-perpetuating—as soon as the litigant completes one step in the litigation process, the court automatically schedules the next step on the court’s calendar (e.g., registration for parenting classes, mandatory mediation, pretrial conference).16 A detailed set of instructions about the next procedural event is given to the litigant with information about how to request a change to the schedule and the consequences of failing to adhere to the schedule.

As explained above, assessing the dual strategies of negotiation and preparation for litigation requires some degree of legal judgment, but ultimately must comport with the litigant’s reasonable objectives in pursuing the claim. Although the assessment itself tends to fall more appropriately to the legal community, the court can play a role by informing self-represented litigants that settlement of outstanding disputes is always an option available to them and by making institutional resources (e.g., mediation or arbitration services) available that encourage settlement. For litigants who opt to pursue litigation, a brief pretrial conference with the judge or another court official provides an opportunity to inform litigants about the court’s expectations for trial. Emphasizing the importance of subpoenas for necessary witnesses and bringing all relevant documentation can go a long way to alerting litigants of the importance of pretrial preparation.

The same lessons about using instances of “operator error” to identify system errors apply to the resolution and enforcement stages of litigation. Many cases involving self-represented litigants require fairly routine final judgments that can easily be drafted at the bench using preprinted forms or a standardized template. Doing so immediately at the end of the hearing will relieve litigants’ discomfort as well as the potential for delay and inaccuracy associated with forcing litigants to draft final orders. In addition to providing the written judgment, however, the court should explain the terms of the judgment and advise self-represented litigants of the procedure to challenge the judgment (e.g., appeals) or to modify the order if appropriate in the future (e.g., child support). Doing so in person at the time of the hearing further emphasizes the finality of the order and also provides an opportunity to clarify misunderstandings about specific terms.

Because satisfaction of civil judgments relies heavily on the cooperation of the judgment-debtor, many courts are reluctant to offer self-represented litigants assistance with enforcement. A Colorado magistrate, however, has found a way to provide selfrepresented litigants with information that can later be used to assess the likelihood of collecting on a judgment and the options for doing so. At the end of the hearing, he provides the litigants with his written judgment and advises the judgmentdebtor of any procedural remedies to challenge the judgment. But before the judgment-debtor is permitted to leave the courtroom, the magistrate requires him or her to complete a brief set

[T]his change to meet the needs of self-represented litigants has had a secondary effect of making the court system itself more efficient.

of interrogatories including place of employment and the location and account numbers of any existing assets (e.g., bank accounts), which is then given to the judgmentcreditor. If the parties are unable to come to some agreement about how the debt will be satisfied, the judgment-creditor already has in his or her possession sufficient information to decide whether to pursue legal enforcement of the judgment as well as the best way to do so (i.e., garnishment, lien, or seizure of assets). If the judgment-debtor has no job and no assets, for example, the judgment-creditor is saved the time and expense of a probably futile future attempt to satisfy the judgment.

Some judges and lawyers, upon hearing of this practice, question the propriety of having a magistrate provide assistance to the judgment-creditor in collecting on the debt. But the judges in that court agreed with the magistrate’s explanation that the practice does not violate judicial ethics of neutrality because, as soon as he renders the final judgment, he is no longer neutral with respect to the parties—he has just ruled that one party wins and the other party loses. Moreover, the magistrate also found the practice to be a significant benefit to the court in that the amount of post-judgment proceedings to locate and attach the assets of judgment-debtors declined dramatically. Again, we see a court that has simplified its process—removing the necessity for judgment-creditors to seek substantial court oversight in the collection of debts—in response to the needs of self-represented litigants. Further, this change to meet the needs of self-represented litigants has had a secondary effect of making the court system itself more efficient.

COLLABORATION FOR SEAMLESS ACCESS TO JUSTICE

This article has focused on three distinct issues related to self-represented litigation. The first is that the demand for affordable legal services has vastly outpaced the available supply. Over two decades of efforts to increase access to affordable legal services has not appreciably improved the situation and is highly unlikely to do so in the foreseeable future. It should be no surprise, therefore, that increasing numbers of people choose self-representation as the only feasible option for securing necessary legal rights and remedies. In recognition of the reality of litigants’ needs, the courts and the legal community have slowly shifted from insistence on full-representation for every litigant as a fundamental requirement of equal justice to a more pragmatic approach, offering information and limited counsel for those litigants who are capable of managing their own cases and reserving full-representation for those with more complex cases or fewer personal resources.

The effect of this shift has been increased awareness of the

16.In addition to fewer unresolved cases on the docket, many courts find that their calendar management improves significantly as well.

distinction between legal information and legal advice that is inherent in the specific tasks that lawyers traditionally perform for clients under the general rubric of the “practice of law.” Much of the value added by a lawyer’s services is the efficiency derived from the lawyer’s existing knowledge of legal information about available options and how to pursue them. With access to legal information, many laypersons are capable of performing these tasks for themselves, albeit less efficiently. Certainly one implication of this awareness has been a dramatic shift in lawyer-client relationships as clients become more informed and more insistent on taking an active role in the management of their cases. Indeed, a large body of academic literature has developed that applauds the shift away from a paternalistic relationship on the lawyer’s part to one of greater respect for client autonomy. It is possible that many who support the evolution of a more coequal lawyer-client relationship failed to appreciate the implications that it might have in terms of the mechanics of how lawyers practice law, especially the increased demand for unbundled legal services, but it is clear that this model of legal service delivery is becoming more popular in many parts of the country.

There is one aspect of the needs of self-represented litigants that can only be addressed by the courts, and that is the complexity of the judicial system itself. We have seen, for example, that much of the complexity of the judicial system has been allowed to perpetuate because lawyers, who had already assimilated information about the underlying basis for court procedure, could navigate the system more deftly and sometimes even use that information to gain a strategic advantage in litigation. The influx of large numbers of self-represented litigants who are unfamiliar with court procedures, however, places unmistakable burdens not only on the litigants, but also on the courts themselves. Although many judges and court staff express resentment at having to “dumb down” the system to prevent “operator errors” by self-represented litigants, doing so clearly benefits all litigants regardless of their representation status as well as the courts themselves in terms of increased efficiency.

The remaining dilemma, then, is how best to provide selfrepresented litigants with access to accurate legal information, including referrals to sources of legal advice in appropriate circumstances. As a practical matter, who actually provides legal information is a relatively minor consideration, although the experience in many jurisdictions is that a collaborative approach by the courts and the legal community is more effec-

tive than either one acting alone. In terms of convenience and a logical starting place for litigants, however, most of these efforts should be housed within the courts or at least in fairly close proximity, even if the legal community is the primary source of information. This model of collaboration has worked well in the context of other types of service provision, such as court-annex mediation or other alternative dispute resolution programs, so there is little reason to think that it would not work equally well in terms of assistance programs for self-represented litigants.

From the perspective of the litigant, such arrangements provide relatively seamless access to justice, and do so with greater efficiency and less awkwardness in preserving the legitimate separation imposed by ethical constraints for both the courts and the legal community. Undoubtedly, the transition from the traditional framework of full-service legal representation to new models of access to legal information and legal advice has been unsettling for the courts and for the legal community. In the long run, however, these models provide better access to justice for far greater numbers of people than was previously possible and promote better accountability of the courts and the legal community to the people they serve.

Paula L. Hannaford-Agor is a staff attorney and principal court research consultant with the National Center for State Courts. Her areas of expertise include access to justice for pro se litigants; jury system management and trial procedure; management of complex litigation; legal and judicial ethics and discipline; state-federal jurisdiction; and probate and guardianship procedure. Hannaford has directed several National Center projects on access to justice for pro se litigants. These include research on court procedures to remove barriers to pro se litigants, a series of Internet workshops for judges, court staff, and others on successful pro se assistance programs, and the development of reliable measurement criteria for the impacts of pro se litigation on court resources, outcomes, and litigant satisfaction. She received her J.D. degree from William & Mary Law School, and also has an M.P.P. degree from the Thomas Jefferson Program in Public Policy at the College of William and Mary.

Jan.

Savannah, Georgia

$135 single or double (joint meeting with NACM)

Oct. 24-29, 2004

Grand Hyatt Hotel

San Francisco, California

Sept. 18-23, 2005

Hotel Captain Cook

Anchorage, Alaska

2004 Midyear Meeting

2004 Annual Conference

2005 Annual Conference

AMERICAN JUDGES ASSOCIATION FUTURE CONFERENCES

CHAPTER 3: VLJ CLINIC FORMS

DIVORCE 101

Step 1: File for Divorce

• Complaint must include cause of action and must list the relief sought

• Documents to file with the Complaint are, Affidavit of Verification and Non-Collusion, Affidavit or Certification of Insurance Coverage, Confidential Litigant Information Sheet, Affidavit or Certification of Notification of Complementary Dispute Resolution Alternatives, filing fee ($300 + $25 if the parties have minor children) OR Fee Waiver.

Step 2: Service

• Service Defendant with Summons, Complaint, Affidavit of Verification and NonCollusion, Affidavit or Certification of Insurance Coverage, and Affidavit or Certification of Notification of Complementary Dispute Resolution

• Defendant has 35 days from the date of service to file a response

• Service can be made by an Acknowledgment of Service, a process server, the sheriff or a Motion for Substituted Service

• Once Defendant is served, proof of service must be filed within 7 days

• If Defendant is not served within 4 months, the case can be dismissed for lack of prosecution

If minor children are involved in the case, both parents must attend a mandatory parenting seminar

Step 3A: If the Defendant DOES NOT FILE a responsive pleading within 35 days:

• Petitioner files a Request for Entry of Default, a Certification of Non-Military Service, proof of nonmilitary service and proof of service

• Court issues a date for a default hearing

• If Plaintiff is seeking any other relief besides a divorce or return of maiden name then Petitioner must file a Notice of Proposed Final Judgment that must:

o State the relief being sought

o Prove the case for alimony, equitable distribution, custody or parenting time. Relief is not automatically granted in default hearings.

• File an updated Case Information Statement

• Notice must be served on the court and other party at least 20 days prior to the court

• At default hearing Plaintiff answers questions to prove prima facie case and divorce is granted

Step 3B: If Defendant FILES a responsive pleading within 35 days:

• Defendant may respond by General Appearance, Answer, or Answer and Counterclaim

• Documents to file with response are, Affidavit of Verification and Non-Collusion, Affidavit or Certification of Insurance Coverage, Confidential Litigant Information Sheet, Affidavit or Certification of Notification of Complementary Dispute Resolution Alternatives, filing fee ($175 + $25 if the parties have minor children) OR Fee Waiver.

• If Defendant files Counterclaim, Plaintiff may file an Answer to Counterclaim within 20 days

• Parties must file a Case Information Statement within 20 days of last pleading filed

• Case is scheduled for a case management conference within 30 days

o First attempt at settlement

o Deadlines for discovery requests are discussed and the length of discovery period is based upon complexity of case.

DIVORCE 101

Step 4: Early Settlement Panel

• The court schedules a conference with the parties, their lawyers (if any) and two volunteer early settlement panelists. The parties come prepared to try to reach settlement. If settlement is reached and the parties draft and sign a Marital Settlement Agreement, they will be divorced that day.

• If the parties reach settlement, but the agreement is not drafted and signed, the matter is scheduled for a brief hearing to put the settlement on the record.

Step 5: Economic Mediation

• If no settlement is reached at Early Settlement Panel, the parties move to Economic Mediation to try to resolve economic issues only (not custody and parenting time.)

o First two hours are free

o If settlement is reached a court date is scheduled for final judgment of divorce to be issued

Step 6: Trial

• Some parties attempt one last attempt at settlement at an Intensive Settlement Conference.

• If no settlement is reached, the court schedules a trial date to hear the case

• The judge will issue judgment for all disputes

• Judgment of divorce is finalized

APPLICATION FOR SERVICE

www.vljnj.org

This is an application for free legal service. Read this form carefully and answer each question to give Volunteer Lawyers for Justice (VLJ) more information about you, your finances, and your legal issue(s). This application will be reviewed by VLJ staff to determine if you are eligible for free legal services

You are responsible for meeting ALL time deadlines in your legal matter unless instructed otherwise by VLJ or a volunteer attorney.

Your full name (include first, middle initial, and last):

All prior names you have used (e.g. maiden name, aliases):

Phone #: Your date of birth: City where you live:

For which issue(s) are you seeking help with today? (mark all that apply)

Bankruptcy Child support Criminal record expungement Debt collection/consumer law

Divorce Drafting wills, medical directives, and/or powers of attorney Driver’s license issues Education law Landlord/tenant issues Probate issues Services for victims of human trafficking Other:

If there is an adverse party in your legal issue, complete the chart below.

List the name(s), date(s) of birth, and city of residence for ALL. Note, not all cases have an adverse party. Adverse party full name Date of birth City of residence Relationship to case

For example: John Doe 10/10/1975 East Orange, NJ Spouse in divorce

Do you have any children? (Check one): Yes No

If you have children who are under the age of 18 OR if you currently pay or receive court-ordered child support, complete the below.

List the name(s), date(s) of birth, and city of residence of ALL the other parents of your children.

Other parent’s full name Date of birth City of residence

TO BE COMPLETED BY REFERRING OFFICE: Name:

Agency: Email:

TO BE FILLED OUT BY VLJ STAFF: Name:

Date:

Phone #:

PART 1: ABOUT YOU

Address: (Street) (City) (State) (Zip Code)

Cell Phone : Phone #2:

Is it safe to leave a message? Check one Yes No

Email:

Is it safe to leave a message? Check one Yes No

Do you prefer to communicate by email or phone?

Do you regularly check this account? Check one Yes No (Check one): Email Phone

Birth date:

Language preference:

Do you need an interpreter? Check one. Yes No

Race (Check one): Asian Black Hispanic Native Pacific Islander White Multiple races Other ethnic group Decline to answer

Marital status (Check one): Single Married Separated Widowed Divorced

Gender Identity (Check one): Female Male Gender Queer Transgender Male/Transman/FTM Transgender Female/Transwoman/MTF Other (please specify): Decline to answer

Do you identify as LGBTQ? (Check one): Yes No Decline to answer

Did you serve, or are you currently serving, in the military? (Check one): Yes No If YES, in which branch?

PART 2: ABOUT YOUR FINANCES

VLJ uses your GROSS HOUSEHOLD INCOME (total income of everyone who shares finances in your house before taxes) and SOME EXPENSES, to determine your financial eligibility for our free legal services

1. How many adults live in your home AND share finances with you?

If you are the only adult in the home, write “1”.

2. How many children (under the age of 18) live in your home?

3. Tell us about the combined income and expenses for all the adults you listed in question 1.

Read each line and if you have that source of income or expense, please include the dollar amount for each.

GROSS INCOME (before taxes):

actually being paid each month: Employment: $ / month year

support/alimony (court ordered): $ / month yr

Other (specify) $ / month year

TOTAL: $ / month year

$ / month year

4. What are the ASSETS of the adults from question 1? Do NOT include the value of the home you live in or the value of up to 1 car for each adult listed in question 1 List the value of all other assets below.

Value of 2nd home (value, minus debt): $ Other vehicles: $

Value of retirement accounts (readily convertible to cash, like 401(k), IRA): $

Bank accounts/cash: $ Other: $

TOTAL: $

PART 3: ADDITIONAL SERVICES FOR NEWARK’S SOUTH WARD

VLJ is a partner with South Ward Promise Neighborhood, providing wrap-around services to families with children in Newark’s South Ward Answer the questions below to determine if you are eligible for these additional services The South Ward includes the following zip codes: 07108, 07112, and 07114

Yes No

Do you live in Newark’s South Ward AND have children under the age of 24?

Do you live in Newark’s South Ward AND are you pregnant?

Do you have children (under the age of 24), who attend school in Newark’s South Ward?

If you answered “Yes” to any of the questions above, complete the following for each of your children: Child’s name (first and last) Date of Birth Gender Relationship to you School child attends

Does child live with you?

YES or NO 1. 2. 3. 4. 5. 6.

PART 4: CERTIFICATION AND RELEASE

I certify that all the information above is true and correct. I understand that if I continue working with VLJ after today, and my information changes at a later time, I must immediately notify VLJ.

I give permission to release my information to VLJ’s volunteer attorneys.

Signature:

Date:

*If Application for Service was completed by phone, indicate if client provided verbal consent to any of the questions above, by 1) checking box(es) above and 2) provide initials and date HERE: X: Date:

TO BE FILLED OUT BY VLJ STAFF ONLY

Name: Date: In service area Case type eligible Financially eligible FPIG:(check all)

No

ALL APPLICANTS MUST BE INCOME AND ASSET ELIGIBLE TO RECEIVE SERVICE

Income Screening

 No income/asset screening for veterans accessing limited‐scope services through the Veterans Legal Program; however, for free, continuing legal services, veterans must be screened as described below

 Income screening for ALL other applicants

 Determine size of household (the # of people living together and functioning as one financial unit)

 Determine the household GROSS income (actual income of all household members, but only to the extent the applicant has access and the right to the income of other household members or the household members have the legal obligation to provide support for the applicant)

 If household income is less than 300% of the FPIG’s (350% for CRP), income is eligible

 If household income is more than 300% of the FPIG’s, you can deduct the following categories to reduce the household income to the appropriate limit (NO DEDUCTIONS shall be taken for CRP clients at 350%):

o Irregularity of income: seasonal employment, pending or recent unemployment, etc.

o Medical expenses: unreimbursed medical and nursing home costs, including insurance premiums, prescriptions

o Fixed debts actually paid: child support, alimony, prior year tax debt and/or rent and mortgage payments up to $1,000/month

o Work‐related costs essential for employment: childcare, union dues, uniforms, transportation (gas, tolls, bus pass)

o Cash from a bank, tax refunds, gifts, 1‐time insurance payments, or non‐cash benefits are NOT INCOME

Asset Screening

 Determine the total amount of assets for the household cash & other resources readily convertible to cash AND currently and actually available to the applicant

 Asset ceiling is $15,000 per household, regardless of household size

 The following are NOT counted as assets for eligibility determinations:

o Principal residence (applicant must live there)

o 1 vehicle per licensed driver in the household

o Personal and household effects

o Assets used to produce income (tools, equipment, etc.)

o The first $50,000 of retirement accounts that can be converted to cash (IRA, 401(k), etc.) for each adult in the household. Pension accounts that are not payable until retirement age are NOT included as assets.

Proof of Income and Exceptions

 NO proof/documentation of income, assets, or asset exclusions are required, unless a staff person has substantial doubt as to the accuracy of the applicant’s information; must get approval from Director of Legal Advocacy or Executive Director before requesting from the client.

 VLJ’s Director of Legal Advocacy, as the Executive Director’s designee, may make an exception, under unusual circumstances, for applicants who are over‐income or over‐asset. Program leads should submit exception requests to the Director of Legal Advocacy and record the reason(s) for such waiver(s) in a note in eligibility in Kemps.

2024 Federal Poverty Income Guidelines (FPIG’s)

LIMITED SCOPE LEGAL SERVICES

Fax:

ACKNOWLEDGMENT AND UNDERSTANDING

www.vljnj.org

This is an Acknowledgment between Volunteer Lawyers for Justice, its volunteers and staff and you. It contains the basic terms of our agreement to provide you with limited legal advice and assistance so that you can better represent yourself in your legal matter

Scope of Legal Advice. You are representing yourself in your legal matter. Neither Volunteer Lawyers for Justice nor the volunteer you are meeting with today is representing you in any capacity. The volunteer agrees to provide you with legal advice based upon the information that you give him/her at the legal clinic. The volunteer is not agreeing to perform any outside investigation of the facts of your legal matter.

Duration of Legal Help. This arrangement to advise you will begin right now and will end at the completion of our meeting today. Unless agreed to in writing, neither Volunteer Lawyers for Justice nor the volunteer you are meeting with will help you in any capacity after the completion of today’s appointment and or assume liability regarding the outcome of your legal matter.

Attorney’s Fee and Costs. There is no cost for our meeting. You are responsible for all legal costs and fees outside of this legal clinic.

Declining to Advise. We may decline to advise you as follows:

(1) If we have a conflict of interest – for example, if we have already advised or provided representation to the opposing party in your case, we have a legal conflict of interest and cannot provide you with any legal advice;

(2) If your legal problems are too complicated and beyond the scope of this project; or

(3) If for any other reason set forth in the New Jersey Rules of Professional Conduct.

CONSENT CONFIRMATION (must check one):

On _______________________, the LIMITED SCOPE LEGAL SERVICES

Date of Appointment

ACKNOWLEDGMENT AND UNDERSTANDING was reviewed with "Client" (_______________________), and Client provided verbal consent.

Client's Full Name

On _______________________, the LIMITED SCOPE LEGAL SERVICES

Date of Appointment

ACKNOWLEDGMENT AND UNDERSTANDING was reviewed with "Client" (_______________________), and Client did not provide verbal consent.

Client's Full Name

Volunteers:

Superior Court, Chancery Division, Family Part Filing Fees (last updated January 23, 2018)

Complaint (first paper) in divorce actions or actions for dissolution of a civil union or domestic partnership (N.J.S.A. 22A:2-12; Rule 1:43)” ...........................................$300.00

Parent Education Registration (N.J.S.A. 2A:34-12.2) .......................................... $25.00

First Responsive Pleading (Dissolution) (N.J.S.A. 22A:2-12; Rule 1:43).............$175.00

Motion (Dissolution) (N.J.S.A. 22A:2-12; Rule 1:43)..............................................$50.00

Order to Show Cause (Dissolution) (N.J.S.A. 22A:2-12; Rule 1:43)......................$50.00

Motion or Order to Show Cause (Non-Dissolution)...............................................No Fee

Post-disposition Application (Non-Dissolution) (Rule 1:43)...................................$25.00

22A:2-7).............................................................

and N.J.A.C. 10:110-7.1)....

Order to Show Cause with a Verified Complaint......................... .... ...............$300.00*

*Of this, $250 is allocated to the Complaint and $50 is allocated to the Order to Show Cause. In cases, where the complaint has been filed, there is a $50 fee for filing an Order to Show Cause.

Sample Divorce Questions

Choose relevant questions based upon the facts of your case outlined in the client’s Divorce Questionnaire.

General Background Information

• How old are you?

• What is your spouse’s name?

• How old is your spouse?

• Has your spouse already filed a divorce case?

Information About Marriage

• Date of Marriage

• City and State of Marriage

• Type of Ceremony (Civil or Religious)

• Date of current separation

• Where there any previous separations or proceedings between you and your spouse regarding this marriage or its dissolution?

o If yes, please list date and time separated, case name, and docket name.

• Where did you reside at the time you separated from your spouse

o Was this the marital home?

o If no, what was the address you and your spouse last resided together?

• Is there any reasonable prospect of reconciliation?

o If yes, explain.

• What are your reasons for seeking a divorce?

• Has your spouse contacted an attorney regarding the present matter?

o If yes, please provide attorney’s name and phone number

• How long have you resided in Essex County?

• Do you have a copy of your marriage certificate?

• What was your age at marriage? Your spouse’s?

• Level of education at time of marriage? Your spouse’s?

• Level of education now? Your spouse’s?

• Have you been married previously?

o If yes, how many previous marriages? Why were they terminated? When were they terminated? To whom married? Former maiden name?

• Has your spouse been previously married?

o If yes, how many previous marriages? Why were they terminated? When were they terminated? To whom married? Former maiden name?

• Did you and your spouse ever attend any marriage counseling?

• Are there any past or present issues of domestic violence? Has your spouse ever hit or threatened you? Are you afraid of your spouse?

• Do you have a temporary restraining order?

• Are you in the military?

• Is your spouse in the military?

• Have you ever been convicted of a crime?

• Has your spouse ever been convicted of a crime?

• Have you ever been married before? Has your spouse ever been married before?

• Why are you seeking a divorce?

Information Regarding Children

• Do you have any children?

o If yes, are your children from you current marriage? How many? What are their names and ages?

o From a different relationship? How many? What are their names and ages?

• Does your spouse have any children from a different relationship?

• Are any of your children adopted?

• Do any of the children have any special needs or disabilities?

• Is there any party (besides you and your spouse) claiming a right to custody or visitation of any of the children listed above?

o If yes, explain.

• Have your children resided in NJ for the last 6 months?

o If no, where have they resided?

• Do you have a court order for child support?

o If no, are you seeking child support?

• Have any agreements been reached regarding child custody and child support?

• Do you have a court order for custody?

o If no, do you and your spouse agree on custody?

• Do any of these children have their own incomes, such as SSD, SSI or jobs?

o If yes, can you give me details about your children’s earnings including the source and monthly amount of the income?

Client’s Financial Information

• Are you seeking alimony/ spousal support?

• Have any agreements been reached regarding alimony/ spousal support?

• Do parties have any issues of marital debt?

o If yes, explain and list amounts.

• Are there any insurance policies, i.e. life, medical, auto, home owners, renters?

• Do you want to divide property or debts?

o Do you own a home

o Do you or your spouse have a retirement account?

o Joint or separate debts, i.e. credit cards, car loans, mortgage, etc?

• Was there any real property acquired during the marriage?

o If yes, explain below and list property value.

• Have you or your spouse ever filed for bankruptcy?

o If yes, explain below providing dates and docket numbers.

• Are you seeking the return of your maiden name?

o If yes, do you have any judgments, liens, or garnishments against you?

• Are you employed?

o If yes, what is your current job?

o What do your job responsibilities entail?

o Are you paid per hour or by salary?

o What is your hourly rate?

o How many hours a week do you work?

• How long have you worked at this job?

• What has your work history been like for the last two years?

• Are you unemployed?

o If yes, how long have you been unemployed?

o Why are you unemployed?

o What efforts have you made to find a job?

o How many applications have you filled out?

o How many interviews?

o Have you participated in any work readiness programs or other training?

 If so, when?

o Are you receiving unemployment?

 If yes, how much?

 For how long?

 When is it set to end?

• Do you have any limitations on working, such as permanent disability, previous incarceration, military development, primary caretaker of young children, etc.?

o If so, please explain

• How are you supporting yourself?

• Do you have any other sources of income, i.e. retirement benefits, disability benefits, rental income, etc.?

• Do you have any assets or bank accounts?

• What is the value of these assets or bank accounts?

• Do you know if the other party is working?

• What does he/she do for a living?

• Do you know how much money he/she earns now?

• Do you know how much money he/she earned in the past?

• If he/she is not working how is he/she supporting himself/herself?

• Does the other party have any limitation on working, such as permanent disability, primary caretaker of young children, etc.?

• Do you know if he/she has other sources of income?

• Do you or your spouse own a business?

Information about Client’s Household

• How many people do you live with?

• What is your relationship to the people in your household, i.e., mother, girlfriend, child, or siblings?

• Are you sharing resources (i.e., bank account) or expenses (i.e., rent) with anyone in your household.

Potential issues in divorce action:

 Alimony

 Domestic Violence

 Paternity

 Child Support

 Custody

 Equitable Distribution (Assets or Debts)

 Bankruptcy

CHAPTER 4:

VLJ PRO SE LITIGANT FORMS

IMPORTANT NOTICE

These forms are part of Volunteer Lawyers for Justice’s free Divorce Clinic. If you got the forms outside of the clinic, you can call to see if you qualify for service at (973) 645-1955. These forms and instructions are provided to help self-represented people in New Jersey to be able to file for or respond to a divorce. These packets are NOT intended to provide you with complete information about all of your rights or responsibilities in your case.

You are representing yourself in your case. You are solely responsible for meeting all timelines in your case. If you have questions about your divorce, you should contact an attorney. The Essex County Bar Association Lawyers Referral Service has attorneys who will charge a reduced consultation fee. Their phone number is (973)622-6204.

The Essex County Dissolution Unit’s office is located in the Wilentz Justice Complex, 212 Washington Street, Room 1207, Newark NJ 07102.

Should you need to contact the Dissolution Unit for any questions regarding your case, their new General Information phone number is 973-776-9300 ext. 57040.

More information can also be found online at https://www.njcourts.gov/selfhelp/selfhelp_divorce.html

SELF-HELP DIVORCE INSTRUCTIONS

General Instructions

Thank you for your interest in Volunteer Lawyers for Justice’s (VLJ) self-help divorce clinic. You are responsible for handling your own case; you will not have an attorney representing you in this matter.

• Read carefully through the instructions in this packet before you start filling out any forms.

• It is your responsibility to complete this packet. The volunteers at the clinic will not fill out this packet for you.

• PLEASE PRINT NEATLY ON ALL DOCUMENTS TO AVOID HAVING YOUR COMPLAINT RETURNED BY THE COURT CLERK’S OFFICE.

• Court forms are repetitive. Try not to become frustrated with how often you need to write out your name and address.

• “Pro se” means that you are representing yourself in your case.

• The person filing the case is the “Plaintiff” and the other spouse is the “Defendant.”

• When looking at court forms you can locate the name of the document by looking to the top right portion of the first page of each form. This heading is called the CAPTION. The name of the form in this sample caption below is “Complaint for Divorce Irreconcilable Differences.”

Jane Doe (NAME)

123 Essex Avenue, Apt. 123 (ADDRESS)

Newark, NJ 12345 (CITY, STATE, ZIP)

973-555-1234 (PHONE)

Pro Se Plaintiff

SUPERIOR COURT OF NEW JERSEY

CHANCERY DIVISION: FAMILY PART ESSEX COUNTY

(Your First and Last Name)

Jane Doe, Plaintiff vs.

John Doe, Defendant

(Your Spouse’s First and Last Name)

DOCKET NO. FM – 07 -1234-19

CIVIL ACTION

COMPLAINT FOR DIVORCE IRRECONCILABLE DIFFERENCES

• Our volunteers are here to help you. You should start filling out the forms the best you can. If you have questions, raise your hand and a volunteer or VLJ staff member will come to assist you.

• As a reminder, these are the forms that you will need to get your case started. These forms alone will not finalize your divorce. Depending upon whether your spouse files an answer in the case, your case will follow two very different tracks the default track or the trial track.

• This clinic is designed to have you come back after you file the complaint. You can come back for further assistance on how to serve your spouse with the filed divorce complaint, or on any other later steps of the divorce.

• If you have questions during the process after attending this divorce clinic, you can call VLJ at 973-645-1955 and press 2 for assistance to learn about future clinic dates.

SELF-HELP DIVORCE INSTRUCTIONS (Essex County)

Part 1: Filing your case

Step 1: Fill out and sign the following forms

 FORM A - Cover letter to the clerk

 FORM B - Complaint for Divorce (Irreconcilable Differences)

 FORM C - Certification and Verification of Non-collusion

 FORM D - Certification of Insurance

 FORM E - Certification of Notification of Complementary Dispute Resolution Alternatives

 FORM F - Confidential Litigant Information Sheet

MAKE TWO COPIES OF THE COMPLETED FORMS. KEEP ONE COPY FOR YOUR RECORDS

Step 2: Filing fee or fee waiver

Filing fee:

• A filing fee of $300.00 is payable by cash, check, or money order payable to Treasurer, State of New Jersey.

• If you have a minor child (under 18) with your spouse, there is an additional $25.00 fee for a mandatory parenting class; your fees will be $325.00 in total. OR

Fee waiver (FORM G) :

• You may qualify for a fee waiver if your income is below 150% of the federal poverty level

• Complete FORM G - Fee Waiver

• Attach a copy of:

o Two months of income. Proof of income includes:

 Social Security award letter

 Public assistance award letter

 W-2

 Last 3 paystubs from employment or unemployment

o Six months of bank statements (all bank accounts)

• Make ONE copy of completed FORM G and attachments

Step 3: File your complaint

• Prepare a large (9”x12”) self-addressed stamped envelope

• Go to the post office and purchase enough postage for the weight of your documents to be returned

• Enclose:

o The original and one copy of FORMS A-F

o Your filing fee (do not mail cash) OR the original and one copy of FORM G

o The self-addressed stamped envelope at $1.75

• Mail your documents to:

Superior Court of New Jersey – Finance Room 111, 1st Floor

Wilentz Justice Complex

212 Washington Street Newark, NJ 07102

Step 4: Wait for the court docket number

• Wait for the clerk to return your copy of the divorce documents dated and marked “FILED”

• Your docket number will be written in the upper right side of the case caption. You will need to include this number on ALL other documents you file with the court

• You should receive your documents in 2-4 weeks

• If you have not received your filed copy after 4 weeks, call the clerk’s office at 908-5274787

• The clerk may ask your name, date of birth, address, and/or social security number

Step 5: Service

• You will need to serve your spouse with the “filed” copy of the divorce complaint.

• If you need assistance with this process, you may return to VLJ’s post-filing divorce clinic for help. Please ask your volunteer attorney or a VLJ staff member for future post-filing clinic dates.

Name: _____ ____

Address: ___ ____ _____________________________________

Phone Number: ________________________

Date: ________________

Essex County Family Part

Superior Court of New Jersey – Dissolution

Room 111 – 1st Floor

Wilentz Justice Complex

212 Washington Street Newark, NJ 07102

Re: ____________________ v. ____________________

Docket Number: FM – 07_________________________

Dear Sir/Madam:

Enclosed are the original and one copy of the following documents:

(1) Complaint for divorce

(2) Certification and verification of non-collusion

(3) Certification of insurance

(4) Certification of notification of complementary dispute resolution alternatives

(5) Confidential litigant information sheet

(6) Fee waiver

Kindly file same and return a filed copy to me in the enclosed self-addressed stamped envelope.

Thank you for your prompt attention to this matter.

Kindest regards, ,

Plaintiff Pro Se Encl.

_____________________________ (NAME) (ADDRESS)

_________________________ (CITY, STATE, ZIP)

_____________________________ (PHONE)

(Your First and Last Name)

Pro Se Plaintiff _______________________, Plaintiff vs. _______________________, Defendant

SUPERIOR COURT OF NEW JERSEY CHANCERY DIVISION: FAMILY PART ESSEX COUNTY

DOCKET NO. FM – 07 -_________________

CIVIL ACTION

(Your Spouse’s First and Last Name)

COMPLAINT FOR DIVORCE IRRECONCILABLE DIFFERENCES

(Your First and Last Name)

(Your address)

Plaintiff, _ ____________________, currently residing at , New Jersey, by way of Complaint says:

1. The plaintiff was lawfully married to defendant on __________________, in a (check one)  civil or  religious ceremony in ____________________

(Date of Marriage)

(City where you were married)

2. Plaintiff was a bona fide resident of the State of New Jersey when this cause of action arose, and has ever since and for more than one year preceding the commencement of this action continued to be such a bona fide resident.

3. The defendant resides at

(Your spouse’s address – include city and state)

4. Plaintiff resided at ______________________________________________, Essex (Your street address and city) County, New Jersey, when this action arose.

5. Irreconcilable differences have arisen, which have caused the breakdown of the marriage for a period of six (6) months, which make it appear that the marriage should be dissolved and that there is no reasonable prospect of reconciliation.

6. Child(ren) (check one)  were OR  were not born or adopted with your spouse

Name of child

Date of birth Child is in the custody of:

Has the child lived in NJ for the past six (6) months?

 YES or  NO

 YES or  NO

 YES or  NO

 YES or  NO

 YES or  NO

7. There have been no previous proceedings between the parties regarding their marriage, maintenance, or its dissolution in any court except for (i.e. child support, spousal support, domestic violence, previous divorce filings, etc): Please list docket number and type of matter:______________________________________________

8. During the course of the marriage the parties (check one)  did not acquire OR  did acquire property, real and/or personal, and/or debts, which are subject to equitable distribution.

WHEREFORE, plaintiff demands judgment (check all that apply):

 Dissolving the marriage between the parties.

 Awarding legal custody of the minor child(ren) of the marriage to __________ __.

 Awarding physical custody of the minor child(ren) of the marriage to ___________________.

(Plaintiff or Defendant)

 Granting parenting time of the minor child(ren) to _________________________. (Plaintiff or Defendant)

(Plaintiff or Defendant)

 Compelling the _______________ to support the child(ren) of the marriage. In (Plaintiff or Defendant) accordance with NJSA 2A:17-56.7a et seq., the child support provisions of a Court Order are subject to income withholding on its effective date. The income withholding is effective upon all types of income, including wages from current and future employment.

 Continuing current award for child support pursuant to docket number: ______________________________________________________.

 Directing __ ____ to provide medical insurance coverage for the (Plaintiff or Defendant) child(ren).

 Directing __ ___ to name the child(ren) as irrevocable beneficiary on (Plaintiff or Defendant) any work related life insurance coverage that may be obtained, and name the plaintiff as irrevocable trustee.

 Directing _____ ___ to contribute, according to his or her means, to any (Plaintiff or Defendant) future educational costs of the child(ren).

 Ordering to pay alimony to __ ______________.

(Plaintiff or Defendant)

(Plaintiff or Defendant)

 Ordering the equitable distribution of all property and/or debts which were legally and beneficially acquired by the parties during the course of the marriage.

 Permitting plaintiff to resume her maiden name of ______________________.

 Other relief:

 Other relief:

 For such other relief as the Court deems equitable and just.

Date: ________

Plaintiff, Pro Se (Your signature)

Plaintiff, Pro Se (Print your name)

Certification of Verification and Non-Collusion

1. I am the Plaintiff in the foregoing Complaint.

2. The allegations of the Complaint are true to the best of my knowledge, information and belief. The said Complaint is made in truth and in good faith and without collusion for the causes set forth therein.

3. The matter in controversy in the within action is not the subject of any other action pending in any Court or of a pending arbitration proceeding, nor is any such court action or arbitration proceeding presently contemplated. There are no other persons who should be joined in this action at this time.

I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.

Plaintiff, Pro Se (Your signature)

Plaintiff, Pro Se (Print your name)

Date: ________

_____________________________ (NAME) (ADDRESS)

_________________________ (CITY, STATE, ZIP)

_____________________________ (PHONE)

Pro Se Plaintiff

(Your First and Last Name)

SUPERIOR COURT OF NEW JERSEY

CHANCERY DIVISION: FAMILY PART ESSEX COUNTY

DOCKET NO. FM – 07 -_________________

CIVIL ACTION

(Your Spouse’s First and Last Name)

Plaintiff vs. _______________________, Defendant

CERTIFICATION OF INSURANCE PURSUANT TO R. 5:4-2(f)

I, ________________________________ being of full age, hereby certify: (Print plaintiff’s name)

1. I am the plaintiff in the foregoing Complaint for Divorce. To the best of my knowledge and belief, the insurance coverage within this Certification represents all insurance coverage of myself, my spouse and our children in this matter.

2. To the best of my knowledge and belief, none of the insurance coverage listed within this Certification was canceled or modified within the ninety days preceding the date of this Certification.

(Fill out all applicable sections. If not applicable, write in “not applicable”)

LIFE INSURANCE

Name of Company: Address: __________________________________

Policy Number: Beneficiary: _

Face Amount: _______________________ Name of Insured: ___________________________

Policy Owner: Policy Term (if applicable):

HEALTH INSURANCE

Name of Insured: _________________________ Name of Company:

Address: ______________________________________________________________________

I.D. Number: Group Number: _________________________

Coverage Type:  Single  Parent- Child  Family  Optical

 Hospital  Diagnostic  Drug  Dental  Major Medical

Check if made available through  employment  personally obtained

AUTOMOBILE INSURANCE

Name of Company:

Address of Company:

Policy Number: _________________________________

Policy Expiration Date: Make of Vehicle:

Model of Vehicle: Year of Vehicle:

Coverage Limits:

Lawsuit Threshold  Yes  No

Umbrella Coverage:

Driver(s) of Vehicle:

Lien holder/Lessor (if applicable):

Umbrella Coverage  Yes  No

Address of Lien holder/Lessor: ___________________________________________

Use of Vehicle:  Personal  Business  Personal and Business

HOMEOWNER’S OR RENTAL INSURANCE

Name of Company:

Address of Company:

Policy Number: Policy Expiration Date: _

Address of Covered Residence:

Coverage Limits:

Umbrella Coverage  Yes  No

Mortgagee (if applicable):

Address of Mortgagee:

Umbrella Coverage: $_________________

Rider(s) to Policy:  Jewelry  Furs  Artwork  Other

I certify that all of the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.

Dated: _____________

(Plaintiff’s Signature) Plaintiff Pro Se

Appendix XXVII-B

Certification of Notification of Complementary Dispute Resolution Alternatives -- Certification by Self-Represented Litigant

SUPERIOR COURT OF NEW JERSEY CHANCERY DIVISION - FAMILY PART

COUNTY

DOCKET NO. FM-___________________

Plaintiff, v.

Defendant

CIVIL ACTION

RULE 5:4-2(h) CERTIFICATION BY SELF-REPRESENTED LITIGANT

of full age, hereby certifies as follows:

1. I am the Plaintiff Defendant in the above captioned matter.

2.I make this Certification pursuant to New Jersey Court Rule 5:4-2(h).

3.I have read the document entitled “Divorce -- Dispute Resolution Alternatives to Conventional Litigation”.

4.I thus have been informed as to the availability of complementary dispute resolution alternatives to conventional litigation.

I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.

Dated:

DIVORCE – DISPUTE RESOLUTION ALTERNATIVES TO CONVENTIONAL LITIGATION *

[Text Promulgated 12/04/06 as Approved by the Supreme Court]

Resolving issues concerning your divorce can be costly and difficult. While only a judge can actually grant a divorce, division of your property and your debts, alimony, child support, custody and parenting time are some of the other issues that may need to be resolved. A judge can decide all issues at trial. However, there are other ways to resolve many of the issues in your divorce. These alternate dispute resolution methods offer greater privacy than resolving the issues in a public trial. They also may be faster and less expensive, and may reduce the level of conflict between you and your spouse during your divorce. You are encouraged to discuss alternative dispute resolution with your lawyer to decide whether these alternate methods may help you and your spouse resolve as many of the issues relating to your divorce as possible before the matter is presented to the judge.

What follows are short descriptions of various forms of alternative dispute resolution that may be used in divorce cases.

**

MEDIATION

Mediation is a means of resolving differences with the help of a trained, impartial third party. The parties, with or without lawyers, are brought together by the mediator in a neutral

* This constitutes the “descriptive material” referenced in Rule 5:4-2(h) that each divorce litigant must receive and certify as having received (using the attached certification forms).

** Note: The adoption of Rule 5:4-2(h) and the promulgation of this descriptive material is in no way intended to indicate any change in the Court’s policy, grounded in statutes and court rules, against mediation in any matter in which a temporary or final restraining order has been entered pursuant to the Prevention of Domestic Violence Act.

setting. A mediator does not represent either side and does not offer legal advice. Parties are encouraged to retain an attorney to advise them of their rights during the mediation process. The mediator helps the parties identify the issues, gather the information they need to make informed decisions, and communicate so that they can find a solution agreeable to both. Mediation is designed to facilitate settlements in an informal, non-adversarial manner. The court maintains a roster of approved mediators or you can use private mediation services. The judge would still make the final determination as to whether to grant the divorce.

ARBITRATION

In an arbitration proceeding, an impartial third party decides issues in a case. The parties select the arbitrator and agree on which issues the arbitrator will decide. The parties also agree in advance whether the arbitrator’s decisions will be binding on them or instead treated merely as a recommendation. While an arbitrator may decide issues within a divorce case, the judge would still make the final determination as to whether to grant the divorce.

USE OF PROFESSIONALS

Parties in a divorce may also seek the assistance of other skilled professionals to help resolve issues in a case, such as attorneys, accountants or other financial professionals, and various types of mental health professionals (e.g., psychiatrists, psychologists, social workers, therapists). These professionals may help the parties resolve all of the issues or just specific portions of the case. As with mediation and arbitration, parties making use of these professionals to resolve issues in the divorce are encouraged to consult their attorney for advice

throughout this process. While this approach may resolve some issues in the case, the judge would still need to make the final decision to grant the divorce.

COMBINATIONS OF ALTERNATIVES

Depending on your circumstances, it may be helpful for you to use a combination of mediation, arbitration, and skilled professionals to resolve issues in your divorce.

CONCLUSION

Just as every marriage is unique, every divorce is unique as well. The specific circumstances of your divorce determine what method or methods of dispute resolution are best suited to resolve issues in your divorce. You are encouraged to ask your attorney about these alternative dispute resolution methods to resolve issues relating to your divorce.

Using these alternative dispute resolution methods allows you to participate in the decision on those issues, rather than leaving all of the issues to the judge to decide. And presenting the judge with a case in which the only decision remaining is whether to grant the divorce will permit that decision to be made more expeditiously. While the judge must be the one to decide whether to grant the divorce, your role in deciding some or all of the other issues can be enhanced through these alternative dispute resolution methods.

New Jersey Judiciary

Confidential Litigant Information Sheet (R. 5:4-2(g))

To assure accuracy of court records - To be filled out by Plaintiff, or Defendant, or Attorney Collection of the following information is pursuant to N.J.S.A. 2A:17-56.60 and R. 5:7-4.

Confidentiality of this information must be maintained

Please complete the entire form, leaving no blank spaces. If something does not apply to you, enter “N/A”. This form is confidential and will not be shared with the other party.

Docket Number: CS Number: Do you have an active Domestic Violence Order with the other party in this case? Yes No

Plaintiff Defendant

Coverage for Children - available through parent filling out this form ( Plaintiff / Defendant) Health

I certify that the foregoing statements made by me are true to the best of my knowledge. I am aware that if any of the foregoing statements made by me are wilfully false, I am subject to punishment. Date Signature

Revised: 10/2012, CN 10486

General- Fee Waiver

How to File a Fee Waiver

How to File for a Fee Waiver - All Courts

Who Should Use This Packet?

You should use this packet if you believe that you cannot afford to pay the filing fees in your case. This form may be used when applying for a fee waiver in the Supreme Court, Appellate Division, Superior Court and Tax Court. This request is based upon your financial need. It requires the submission of financial records/documents in order for a judge to determine if your filing fees should be waived. This request can be filed by any party prior to and at any point during the lawsuit, except where a party is requesting a waiver of filing fees for the Supreme Court and Superior Court, Appellate Division.

Please note that Rule 1:5-6 directs the clerk of the court to return papers as “received, but not filed,” when they are not accompanied by the required filing fee. For this reason, the filing fee or application to waive filing fee should accompany any filing that requires a fee. This packet explains how to file this request.

Legal Services of New Jersey and the associated regional programs, as well as public interest or legal services organizations, law school clinical or pro bono programs which have been certified by the Court pursuant to Rule 1:21-11 for fee waiver status are exempt from filing fees and are not required to make a request for a fee waiver.

Where the person filing these forms is requesting a waiver of fees in the Superior Court, Appellate Division, the application must first be made in the trial court pursuant to Rule 2:7-1. If the request is denied in the trial court, within 20 days, the person requesting the fee waiver may then apply for a fee waiver in the Appellate Division. If the person is requesting a waiver of fees in an appeal of an administrative agency determination, the application must be filed in the Appellate Division. For questions related to where the application should be filed, please contact the Superior Court Clerk’s Office at (609) 421-6100.

With limited exceptions, any paper filed with the court can be looked at by the public upon request. You may only file this request on behalf of yourself and not for anyone else. A Power of Attorney does not allow you to file on behalf of anyone else.

In the trial courts, if you are granted a fee waiver and are awarded more than $2,000 in that same matter, you will be responsible to repay any and all fees waived by the court, as determined by court order.

Please follow the instructions included in this packet and make sure that all documents in support of this request are attached. You will be required to complete the following:

• Form A – Certification/Petition/Application in Support of Fee Waiver. Attach your financial records/documentation to the Certification/Petition/Application

• Form B – Order Waiving Filing Fees

Your fee waiver application may not be granted if you do not include all required income documentation. The court may request additional income verification, including but not limited to, state and federal tax returns and other sources of income. Keep a copy of whatever you file with the Court for your own records.

Note: These materials have been prepared by the New Jersey Administrative Office of the Courts for use by self-represented litigants. The instructions and forms will be periodically updated as necessary to reflect current New Jersey statutes and court rules. The most recent version of the forms will be available on the Judiciary’s Internet site njcourts.gov. However, you are ultimately responsible for the content of your court papers.

Completed forms for the Supreme Court, Appellate Division and Tax Court are to be submitted to the respective Clerk’s Office.

Completed forms for the Superior Court are to be submitted to the courthouse in the county where you are going to file your case or where the case is already filed. A listing of the courthouses is available at njcourts.gov.

For questions related to where the application should be filed, please contact the Superior Court Clerk’s Office at (609) 421-6100.

The numbered steps below tell you what forms you will need to fill out and what to do with them. Each form should be typed or printed clearly on 8 ½” x 11” white paper only. Forms may not be filed on a different size or color paper.

Steps for Filing a Fee Waiver

STEP 1 Complete the Certification/Petition/Application in Support of a Fee Waiver (Form A).

The Certification/Petition/Application in Support of a Fee Waiver tells the court the reasons why you want the fee waiver and the facts supporting why the court should grant your request. In the Certification/Petition/ Application you will make a disclosure of your financial and employment situation.

All fee waiver applications must be filed at the courthouse or appropriate Clerk's office where you are going to file your case or where the case is already filed. A complete list of courthouses can be found at the Judiciary’s website: njcourts.gov.

STEP 2 Complete the proposed form of Order (Form B)

Fill in the information at the top of the page up to where you identify yourself as a plaintiff or defendant. Leave the line for the date of the Order and the rest of the form blank. The terms

of the Order will be completed by the judge when the application is decided.

STEP 3 Check Your Completed Forms and Make Copies

Check your forms and make sure they are complete. Remove all instruction sheets. Make sure you have signed the forms whe re you are asked to sign them.

STEP 4 Mail or Deliver Form A

(Certification/Petition/Application in Support of a Fee Waiver), Form B (Proposed Form of Order) and all documentation to the Court. You are required to provide a copy of Forms A and B to the court. Please black out all personal and confidential information, such as Social Security numbers, driver’s license numbers, vehicle plate numbers, insurance policy numbers, active financial account numbers or active credit card numbers.

A complete list of Clerk’s Offices and courthouses can be found at the Judiciary’s site njcourts.gov.

Instructions for Completing Form A

1. At the top left of the form enter your name(s), address(es) and phone number(s). If you have an e-mail address(es), include that as well.

2.On the line labeled Plaintiff(s)/Appellant(s), type or print the plaintiff’s name(s). The plaintiff is the person or business entity who files the complaint in a lawsuit. An appellant is the person or business entity requesting the appeal. Business entities requesting a fee waiver are required to be represented by an attorney pursuant to Rule 1:21-1(c).

3.On the line labeled Defendant(s)/Respondent(s), enter the name(s) of the defendants listed on the complaint. The defendant is the person or business entity being sued. A respondent is the person defending the appeal.

4.On the line labeled County, enter the county where the case is filed (only if applying for a fee waiver in the Superior Court).

5.On the line labeled Docket Number, enter the docket number, if one has been assigned. This information can be found if a complaint was served on you or if an appeal has been filed.

6.Enter your name(s) on the line that says “I/We, , am/are the” and then select the appropriate box where it says “plaintiff(s)/appellant(s)/defendant(s)/respondent(s) in the above-captioned matter.)”

7. In item #2, select the appropriate box as to whether or not you are an inmate on the line that says “I/We (am/am not/are/are not) an inmate in State prison or County Jail.”

8.For item #3, select the appropriate box(es) if you have been determined eligible for Public Assistance and/or Social Security Disability. You must provide your most recent award statement as proof of eligibility.

Attach copies of all requested information as indicated on this form. You must include the last three digits or numbers of any documents referenced below. However, you must also certify that you have removed or blacked out the remaining numbers or digits (confidential personal identifiers) from any of the following documents filed with the court:

• Social Security numbers,

• driver’s license numbers,

• vehicle plate numbers,

• insurance policy numbers,

• active financial account numbers or

• active credit card numbers.

Do not redact (black out) any information in the original papers that you are keeping (such as a bank statement) since you may have to show them to the court at some point.

9.For item #4, enter the number of dependents you support, if applicable. Do not include yourself.

10. In item #5, select the box where is says “I/we am/am not/are/are not claimed as a dependent…”

11.Enter your employer’s name and information in the box that says “Employer’s Name, Address and Telephone Number.”

12.Fill in the financial information requested in the box. The judge requires your asset information and how much money you receive monthly from all sources.

13. Date, print and sign your name. Note: When you sign this form, you are certifying that the statements made on the form are true. If you willfully make false statements, you may be subject to punishment.

NOTICE: This is a public document. Do not enter personal identifying information on it, such as your full Social Security number, driver’s license number, insurance policy number, vehicle plate number or active financial account or credit card number. This document as submitted will be available to the public upon request.

Name

Address

Telephone Number

Email Address Court of New Jersey County (if applicable) , Docket Number: Certification/Petition/Application in Support of a Fee Waiver

Plaintiff(s)/Appellant(s), v. , Defendant(s)/Respondent(s)

I/We, , am/are the ( plaintiff(s)/ appellant(s)/ defendant(s)/ respondent(s)) in the above-captioned matter and I/we make this certification in support of my/our request for a filing fee waiver pursuant to Rule 1:13-2 or Rule 2:7-1.

1. I/We am requesting this relief because I/we do not have sufficient funds or assets with which to pay the filing fees associated with this action.

2. I/We, am/ am not/ are/ are not an inmate in State prison or County Jail.*

*Attachments necessary: If you are a state prison or county jail inmate, you must attach a certified copy of your prisoner’s fund account statement from the appropriate correctional institution for the six months immediately preceding the date of this application. If you are requesting a waiver of the partial filing fee requirement set forth in N.J.S.A. 30:4-16.3, you must attach an affidavit of special circumstances.

3. I have been determined to be eligible for one or more of the following: (Check applicable boxes)

Public Assistance (please provide your most recent award statement as proof of eligibility); Social Security Disability (please provide your most recent award statement as proof of eligibility)

4. Below is an accurate and full disclosure of my financial situation. I financially support dependents (not including myself). (A dependent is an individual who is a child or relative who resides in the home and relies you for more than half of his/her support for any given calendar year)

Attachments necessary:

Provide two months of documentation for the following:

• Welfare, Public Assistance, Unemployment, Disability, Social Security, Child Support/Alimony, other income.

Provide six months of bank statements for the following:

• All bank accounts.

5. I/we am/ am not/ are/ are not claimed as a dependent on someone else’s tax return

Employer’s Name, Address and Telephone Number:

Complete the Following Information:

6. I/We understand that I/we am/are under a continuing obligation to notify the court of a change in my financial situation

I/We certify that the foregoing statements made by me/us are true. I/We am/are aware that if any of the foregoing statements made by me/us are willfully false, I/we am/are subject to punishment.

I/We further certify that in accordance with Court Rule 1:38-7(b) all confidential personal identifiers have been redacted and that subsequent papers submitted to the court will not contain confidential personal identifiers.

Date

Print your name(s)

Signature(s)

Instructions for Completing Form B

1. At the top left of the form enter your name(s), address(es) and phone number(s). If you have an email address(es), include that as well.

2. On the line labeled Plaintiff(s)/Appellant(s), type or print the plaintiff’s name. The plaintiff is the person or business entity who files the complaint in a lawsuit. An appellant is the person or business entity requesting the appeal. Business entities, other than sole proprietorships, requesting a fee waiver are required to be represented by an attorney pursuant to Rule 1:21-1(c).

3. On the line labeled Defendant(s)/ Respondent(s) enter the name(s) of the defendants listed on the complaint. The defendant is the person or business entity being sued. A respondent is the person defending the appeal.

4. On the line labeled County, enter the county where the case is filed (only in the Superior Court.)

5. On the line labeled Docket Number, enter the docket number, if one has been assigned. This information can be found if a complaint was served on you or if an appeal has been filed.

6. Enter your name(s) and if you are the plaintiff(s)/appellant(s) or defendant(s)/respondent(s) on the line that says “application of (plaintiff(s)/appellant(s)/defendant(s)/respondent(s)).”

7. DO NOT fill out anything that appears under the text “For Court Use Only.” The judge will complete the remaining information.

NOTICE: This is a public document. Do not enter personal identifying information on it, such as your full Social Security number, driver’s license number, insurance policy number, vehicle plate number or active financial account or credit card number. This document as submitted will be available to the public upon request

Name Address

Telephone Number

Email Address Court of New Jersey County (if applicable) , Docket Number:

Plaintiff(s)/Appellant(s), v. , Defendant(s)/Respondent(s)

Order Waiving Filing Fees

This matter having been brought before the court on application of , ( plaintiff(s)/ appellant(s)/ defendant(s)/ respondent(s)) for an Order waiving filing fees pursuant to Rule 1:13-2 or Rule 2:7-1, and the Court having considered the moving party’s financial information, the matter and for good cause appearing:

(Do not write below this line, For Court Use Only)

It is on this day of , 20 , ORDERED that the application for a fee waiver is Granted Denied

PART 2 Service

IMPORTANT NOTICE

These forms are part of Volunteer Lawyers for Justice’s free Divorce Clinic. If you got the forms outside of the clinic, you can call to see if you qualify for service at (973) 645-1955. These forms and instructions are provided to help self-represented people in New Jersey to be able to file for or respond to a divorce. These packets are NOT intended to provide you with complete information about all of your rights or responsibilities in your case.

You are representing yourself in your case. You are solely responsible for meeting all timelines in your case. If you have questions about your divorce, you should contact an attorney. The Essex County Bar Association Lawyers Referral Service has attorneys who will charge a reduced consultation fee. Their phone number is (973)622-6204.

The Essex County Dissolution Unit’s office is located in the Wilentz Justice Complex, 212 Washington Street, Room 1207, Newark NJ 07102.

Should you need to contact the Dissolution Unit for any questions regarding your case, their new General Information phone number is 973-776-9300 ext. 57040.

More information can also be found online at https://www.njcourts.gov/selfhelp/selfhelp_divorce.html

SELF-HELP DIVORCE INSTRUCTIONS (Essex County)

Part 2: Service

You must serve the Defendant with a copy of many of the forms that you filed with the court and adding the docket number.

Step 1: Make ONE copy of the following forms you receive back from the court marked “FILED”

 FORM B – Complaint for Divorce

 FORM C - Certification and Verification of Non-collusion

 FORM D - Certification of Insurance

 FORM E - Certification of Notification of Complementary Dispute Resolution Alternatives

You do not need to copy FORM A, F or G

Step 2: Complete the Summons

 Complete FORM H – Summons

Step 3: Select one of the four service options

Option 1: Acknowledgement of Service Fastest Method

In this option, your spouse is agreeable and is willing to sign an Acknowledgement of Service in front of a notary. This means your spouse agrees he/she got the documents, NOT that he/she agrees to what you are asking for in the divorce.

• Fill out the top portion of FORM I –Acknowledgement of Service

• Deliver a copy of FORMS B, C, D, E, H & I to your spouse

• Your spouse can find a notary in the phone book, online or at a local bank. Notaries can charge a fee of $2.50 and your spouse will need to bring a valid photo ID to the notary.

• You should NOT use this method if there is a history of domestic violence or if you have a current restraining order

• Have your spouse give you the signed and notarized Acknowledgment of Service

• Move to Step 4

Option 2: Sheriff

This method can take several weeks-months Every county in NJ has a local sheriff’s department. A list of the sheriff’s departments is attached. The sheriff’s department charges a fee for service but if your court fees were waived then you will not have to pay the service fee for the sheriff. Fees vary by county, but are approximately$45 in Essex.

• Call the sheriff’s department in the county where your spouse is to be served to find out their fees and process

• Mail copies of FORMS B, C, D, E, H, J & K along with the fee or FORM G to the sheriff’s office

• Wait for the sheriff to return one of two forms:

o If you receive an Affidavit of Non-service, contact the sheriff to make other arrangements to serve your spouse

o If you receive an Affidavit of Service, move to Step 4

Option 3: Process Server

Typically completed within 2 weeks, for a fee

• A process server is an independent 3rd party and can charge $50-200+ for service

• You can find process servers online or in the phone book and you should call them for information about their fees and procedures

• Give the process server a copy of FORMS

B, C, D, E, H & K

• When service has been completed, they will mail you an Affidavit of Service

• Move to Step 4

Option 4: Service by Publication Longest process

This option is typically used when you do not know the location of your spouse and you must show proof to the court of the steps you have taken to find your spouse. You need the court’s approval for this option.

• This option could take several months and costs at least $150 to publish a notice in the newspaper

• You should talk to a lawyer about this option

• You can call VLJ for further assistance at 973645-1955.

Step 4: File your proof of service with the clerk within 7 days of receiving it

• Make TWO copies of your proof of service (Acknowledgement of Service or Affidavit of Service)

• Mail the following to the clerk’s office:

o Original and one copy of the proof of service to the clerk’s office

o Complete and include FORM L Cover letter to the clerk

o The self-addressed stamped envelope at $0.50

o Keep one copy for yourself

• Mail your documents to:

Superior Court of New Jersey – Finance Room 111, 1st Floor Wilentz Justice Complex 212 Washington Street Newark, NJ 07102

Step 5: Wait 35 days

You must wait 35 calendar days from the date of service or until your spouse files an answer with the court until you can move to the next step in your case

Step 6: Default or trial

After the 35 calendar day waiting period, you are ready to take the next step to finalize your divorce. If your spouse does not file an answer you will go through a process called default and you need a few more forms to finalize your case.

Need additional help?

If you need help with the next part of your divorce case call VLJ at 973-645-1955, to find out next clinic date. As a reminder, you are representing yourself in this case and you are solely responsible for meeting all court deadlines.

Name: _

Address: _

Phone: _

Plaintiff Pro Se

SUPERIOR COURT OF NEW JERSEY

CHANCERY DIVISION: FAMILY PART

ESSEX COUNTY

DOCKET NO. FM -

CIVIL ACTION

SUMMONS

The State of New Jersey, to the Above Named Defendant:

YOU ARE HEREBY SUMMONED in a civil Action in the Superior Court of New Jersey, instituted by the above named Plaintiff and required to serve upon the Plaintiff whose name and address appears above, either (1) an answer, or (2) a general appearance in accordance with R. 5:4-3(a), within thirty-five (35) days after the service of this summons upon you, exclusive of the day of service. If you fail to answer, or fail to file a general appearance in accordance with R. 5:4-3(a), judgment by default may be rendered against you for the relief plaintiff demands You shall promptly file your answer or your general appearance and proof of service thereof with the Clerk of the Superior Court, at 212 Washington Street, Newark, New Jersey, 07102, in accordance with the rules of civil practice and procedure.

If you cannot afford an attorney, you may call the Legal Services office in the county where you live or the Legal Services of New Jersey Statewide Hotline at 1-888-LSNJ-LAW (1-888-576-5529). If you do not have an attorney and are not eligible for free legal assistance, you may obtain a referral to an attorney by calling one of the Lawyer Referral Services. A directory with contact information for local Legal Services Offices and Lawyer Referral Services is available in the Civil Division Management Office in the county listed above and online at http:// www.njcourts.gov/forms/10153_deptyclerklawref.pdf. The phone numbers for the county in which this action is pending (Essex County) are: Lawyer Referral Service, 973-622-6204 and Legal Services, 973-624-4500 or 1-888-576-5529.

Dated:

Name of Defendant to be served:

MichelleM.Smith

Michelle M Smith, Clerk of the Superior Court

Atlantic County Bar Association

1201 Bacharach Boulevard

Atlantic City, NJ 08401 609-345-3444

Bergen County Bar Association

15 Bergen Street

Hackensack, NJ 07601 201-488-0044

Burlington County Bar Association

45 Grant Street

Mount Holly, NJ 08060 609-261-4862

Camden County Bar Association

1040 North Kings Highway, Suite 201

Cherry Hill, NJ 08034 856-482-0618

Cape May County Bar Association

9 North Main Street

Cape May Courthouse, NJ 08210 609-463-0313

Cumberland County Bar Association PO Box 2374

Vineland, NJ 08362 856-453-7000

Essex County Bar Association

470 Martin Luther King Jr. Boulevard

Newark, NJ 07102 973-622-6204

Gloucester County Bar Association PO Box 338

Woodbury, NJ 08096 856-848-4589

Hudson County Bar Association 583 Newark Avenue

Jersey City, NJ 07306 201-798-4708

Hunterdon County Bar Association PO Box 573

Annandale, NJ 08801 908-236-6109

Mercer County Bar Association

1245 White Horse Mercerville Road, Suite 420

Mercerville, NJ 08619 609-585-6200

Middlesex County Bar Association

87 Bayard Street

New Brunswick, NJ 08901 732-828-0053

Monmouth Bar Association

Monmouth County Court House Freehold, NJ 07728 732-431-5544

Morris County Bar Association 28 Schuyler Place Morristown, NJ 07960 973-267-5882

Ocean County Bar Association PO Box 381

Toms River, NJ 08754 732-240-3666

Passaic County Bar Association

401 Grand Street, 3rd Floor Paterson, NJ 07505 973-345-4585

Salem County Bar Association 856-935-5629

Somerset County Bar Association

20 North Bridge Street HCH 325 Somerville, NJ 08876 908-685-2323

Union County Bar Association

2 Broad Street 1st Floor Elizabeth, NJ 07207 908-353-4715

Warren County Bar Association 413 Second Street Belvidere, NJ 07823 908-387-1835

Name: _

Address: _

Phone: _

Plaintiff Pro Se

SUPERIOR COURT OF NEW JERSEY

CHANCERY DIVISION: FAMILY PART

ESSEX COUNTY

DOCKET NO. FM -

CIVIL ACTION

ACKNOWLEDGEMENT OF SERVICE

The undersigned hereby acknowledges service of a copy of the summons and complaint in the above captioned matter.

Date: ________

SWORN TO & SUBSCRIBED BEFORE ME THIS _____ DAY OF ________________, 20

Notary Signature

My Commission Expires: ___/___/___

State of Commission: __________________

County of Commission: ________________

(Defendant’s signature) Defendant Pro Se

(Defendant Print Name)

Stamp and/ or Seal

Atlantic County Sheriff’s Office

4997 Unami Blvd.

Mays Landing, NJ (609) 909-7200

www.atlanticcountysheriff.org

Bergen County Sheriff’s Office

2 Bergen County Plaza Hackensack, NJ 07601-7699 (201) 336-3500

www.bcsd.us

Burlington County Sheriff’s Office

49 Rancocas Road

P.O. Box 6000

Mt. Holly, NJ 08060 (609) 265-5000

www.co.burlington.nj.us

Camden County Office of the Sheriff Room 100 – Courthouse

520 Market Street

Camden, NJ 08102 (856) 225-5470

www.camdencounty.com/sheriff

Cape May County Sheriff’s Office Street Address: 9 N. Main Street

Cape May Court House NJ 08210 (609)463-6428

Mailing Address: 4 Moore Road, DN 301

Cape May Court House NJ 08201

www.cmcsheriff.net

Cumberland County Sheriff’s Office

220 N. Laurel Street

P.O. Box 677

Bridgeton, NJ 08302 (856)451-4449 ext. 125

www.ccsdnj.org

Essex County Sheriff’s Office

50 West Market Street Newark, NJ 07102 (973)621-2694

www.essexsheriff.com

Gloucester County Sheriff’s Office

2 South Broad St. Woodbury, NJ 08096 (856) 384-4600

Sheriff’s Office

www.co.gloucester.nj.us

Hudson County

Sheriff’s Office Administrative Building

595 Newark Avenue Jersey City, NJ 07306-7202 (201) 795-6336

www.hudsoncountysheriff.com

Hunterdon County Sheriff’s Office

Building #1, First Floor 71 Main St.

P.O. Box 2900 Flemington, NJ 08822-2900 (908) 788-1166

www.co.hunterdon.nj.us/sheriff.htm

Mercer County Sheriff’s Office

Civil Courthouse

175 S Broad Street

P.O. Box 8068 Trenton, NJ 08650-0068 (609) 989-6100

www.nj.gov/counties/mercer/offici als/sheriff

Middlesex County

Sheriff’s Building

701 Livingston Avenue

P.O. Box 1188

New Brunswick, NJ 08901 (732) 745-3271

www.co.middlesex.nj.us/sheriff

Monmouth County

Sheriff’s Office

2500 Kozloski Road Freehold, NJ 07728 (732) 431-6400

www.mcsonj.org/contact-us/ contact-the-sheriffs-office/

Morris County

Sheriff’s Office

Morris County Courthouse Court and Washington Streets P.O. Box 900 Morristown, NJ 07963-0900 (973) 285-6600

www.sheriff.morriscountynj.gov/

Ocean County Sheriff’s Office

120 Hooper Avenue P.O. Box 2191 Toms River, NJ 08754 (732)929-2044

www.co.ocean.nj.us/sheriff/

Passaic County Sheriff’s Office Courthouse

Attention: Civil Process 77 Hamilton Street Paterson, NJ 07505 (973)881 -4200

www.pcsheriff.org

Salem County Sheriff’s Office 94 Market Street Salem, NJ 08079 (856)935-7510

www.salemcountynj.gov

Somerset County Sheriff’s Office 94 Market St. Salem, NJ 08079 (908) 231-7003

www.salemcountysheriff.com/

Sussex County Sheriff’s Office

39 High Street Newton, NJ 07860-1741 (973) 579-0850

www.sussexcountysheriff.com

Union County Sheriff’s Office County Administration Building 1st Floor 10 Elizabethtown Plaza Elizabeth, NJ 07207-6001 (908) 527-4450

https://ucnj.org/sheriff/

Warren County Sheriff’s Office 413 2nd Street Belvidere, NJ 07823

Sheriff Sales & Civil Process (908) 475-6309

www.wcsheriff-nj.us

_____________________________ (NAME) (ADDRESS)

_________________________ (CITY, STATE, ZIP)

_____________________________ (PHONE)

______________ County Sheriff's Office

Date: ________

Re: ____________________ v.

Docket Number: FM-

Dear Sir/Madam:

Enclosed please find an original and two copies of the Summons and the Complaint for Divorce in connection with the above referenced matter.

Please serve same upon defendant whose particulars are listed below.

Defendant’s name:

Address: ____________________________________________________________

City, State, Zip Code: __________________________________________________

Telephone number: ___________________________________________________

 I request that the fees be waived pursuant to the provisions of Rule 1:13-2. A copy of my fee waiver is attached.

- OR -

 Enclosed is a money order or check in the amount of $_____________ to cover the service fee. Please forward the requisite proof of service upon completion of the same to the address listed above.

Thank you for your prompt attention to this matter.

Kindest regards,

Plaintiff Pro Se Encl.

_____________________________ (NAME) (ADDRESS)

_________________________ (CITY, STATE, ZIP)

_____________________________ (PHONE)

Plaintiff Pro Se

_______________________,

Plaintiff vs.

Defendant

SUPERIOR COURT OF NEW JERSEY

CHANCERY DIVISION: FAMILY PART

ESSEX COUNTY

DOCKET NO. FM -

CIVIL ACTION AFFIDAVIT OF SERVICE

I, , of full age, being duly sworn according to law, upon my oath depose and say:

1. I am not a party to this action or proceeding and over 18 years of age.

2. On the _____ day of ___________, 20___, I served a copy of the summons and complaint in this action by:

3. I certify and affirm service (check one)

 Personally delivered to ________________________________________

 Copy left with competent household member. List title and relationship to named party.

 Unable to deliver.

4. Description of Person Accepting Service: Age: _____ Height: _____ Weight: _____ Hair: _____ Sex: _____ Race: _____

Signature (Officer/ Deputy/ Process Server): ___________________________________________________ Print Name (Officer/ Deputy/ Process Server)

Date

SWORN TO & SUBSCRIBED BEFORE ME THIS _____ DAY OF ________________, 20

Notary Signature

My Commission Expires: _ __/_ __/

State of Commission: _________________

County of Commission: ________________ Stamp and/ or Seal

Name: ____________________________

Address: __________________________

Phone Number: ____________________

Date: _____________

County Family Part

Re: ____________________ v.

Docket Number: FM-

Dear Sir/Madam:

Enclosed are the original and one copy of the following document:

(1) Proof of service

Kindly file same and return a filed copy to me in the enclosed self-addressed stamped envelope.

Thank you for your prompt attention to this matter.

Kindest regards, ,

Plaintiff Pro Se Encl.

IMPORTANT NOTICE

These forms are part of Volunteer Lawyers for Justice’s free Divorce Clinic. If you got the forms outside of the clinic, you can call to see if you qualify for service at (973) 645-1955. These forms and instructions are provided to help self-represented people in New Jersey to be able to file for or respond to a divorce. These packets are NOT intended to provide you with complete information about all of your rights or responsibilities in your case.

You are representing yourself in your case. You are solely responsible for meeting all timelines in your case. If you have questions about your divorce, you should contact an attorney. The Essex County Bar Association Lawyers Referral Service has attorneys who will charge a reduced consultation fee. Their phone number is (973)622-6204.

The Essex County Dissolution Unit’s office is located in the Wilentz Justice Complex, 212 Washington Street, Room 1207, Newark NJ 07102.

Should you need to contact the Dissolution Unit for any questions regarding your case, their new General Information phone number is 973-776-9300 ext. 57040.

More information can also be found online at https://www.njcourts.gov/selfhelp/selfhelp_divorce.html

SELF‐HELP DIVORCE INSTRUCTIONS

(Essex County)

Part 3: Service by Publication

What if I cannot find my spouse?

In New Jersey, there is an option available to serve your spouse if you are unable to locate him/her. You can ask a judge to let you serve your spouse by publication, but only if you have made many attempts to locate him/her. In this motion, you would ask the court for permission to print a notice in the newspaper. Once the notice is published, your spouse will have 35 days to respond.

The publication process can add an additional 3 to 6 months to the divorce process. There are searches that you must complete before you can file a motion for service by publication. Some of these searches charge fees. Additionally, newspapers may charge $150 or more to publish the notice in the newspaper. Because of the added cost and time, service by publication should be your last option Before starting the publication packet, read the tips and questions list below.

Tips to locate your spouse:

• Talk to your spouse’s relatives, friends, employer, and former neighbors to learn of his/her address.

• Check social media websites to locate your spouse.

• Try entering your spouse’s name into different search engines on the internet.

• There are different websites that offer people finder services. Some of these websites offer basic information for free. Other websites offer more detailed information including a background check for a fee. Use your discretion before purchasing information from any of these websites.

Questions to ask before you start this process:

• Have you seen or spoken with your spouse in the last 12 months?

• Have you seen or spoken with your spouse’s relatives or friends in the last 12 months?

• Have any of your friends or relatives seen or spoken with your spouse in the last 12 months?

• Do you have any children with your spouse?

• Is your spouse incarcerated?

• Did your spouse move?

• Is your spouse collecting Social Security or disability benefits?

• Was your spouse deported? 1

If you answered “yes” to any of the questions above, you may be able to locate your spouse and service by publication would not be necessary. If you have tried all the options above and are still unable to locate your spouse, then move forward with the motion for service by publication.

Motion for service by publication

You must give the court proof that you tried to locate your spouse. It is not enough to say, “I tried to find my wife, but couldn’t.”

You must:

 Complete all of the required government searches in Forms 3A, 3B, 3C, 3D, & 3E

 Complete Forms 3F & 3G if you have the contact information for your spouse’s family, friends or last known employer

 When all the searches are completed, proceed to Step 11 for instructions on completing Forms 3H, 3I, & 3J

Special Note: This packet was created under the assumption that your spouse’s last known address was in Essex County, New Jersey. If your spouse resided outside of New Jersey you will have to complete all the required searches in that state.

This packet includes the following forms:

 FORM 3A – NJ Driver’s License Application Request

 FORM 3B – Post Office Request for Change of Address or Boxholder Information Form

 FORM 3C – Letters for military records

 FORM 3D – Letter to County Board of Elections

 FORM 3E – Results from online incarceration searches

 FORM 3F – Letter to spouse’s family and friends

 FORM 3G – Letter to spouse’s last known employer

 FORM 3H – Court’s Motion for Publication Forms

 FORM 3I – Sample Notice to publish in the newspaper

 FORM 3J – Cover letter to the court with Affidavit of Publication

Step 1: Fill out and sign NJ Driver’s License Application Request

 Fill out FORM 3A

 Include information about you, including: name, address, docket number, and driver’s license number

 Include information about your spouse, including name, last known address, birthdate, and driver’s license number (if known)

 Make a photocopy of your driver’s license or non-driver’s ID to include with the application

 Sign and date the last page

 Include a check or money order in the amount of $15 made out to: New Jersey Motor Vehicle Commission

 Make a copy of the form for your records

 Mail the application, money order, and copy of your driver’s license to: Business & Government Services

P.O. Box 146 Trenton, NJ 08666-0146

Step 1: Continued

DO NOT deliver this form to the local Motor Vehicle Commission office. This request must be processed through the address listed above. All requests must be sent by certified mail, return receipt requested. If you are not familiar with this type of mailing, ask the postal clerk at the post office what forms you will need to complete. You should note, certified mail, return receipt requested will add another $6.35 onto your postage. You must include a copy of the return receipt and any responses from the MVC with your motion.

Step 2: Fill out and sign the Post Office Request for Change of Address or Boxholder Information form

 Complete FORM 3B

 Include your contact information at the top of the form

 Include your spouse’s name and last known address

 Visit www.usps.com to locate the local post office near your spouse’s last known address

 Fill in the information for that post office

 Name the county where the divorce complaint was filed

 Include docket number

 Read the warning on the form carefully

 Sign the form and include your address

 Make a copy of this form for your records

 Mail the request to the local post office near your spouse’s last known address

DO NOT mark in the box titled “Post Office Use Only.” The post office will check the appropriate line, postmark the page, and write the date when the inquiry was completed.

DO NOT bring this form to the post office. This request must be sent by certified mail, return receipt requested. You must include a copy of the return receipt and any responses from the Post Office with your motion.

Step 3: Select one of the three options to search military records

Option 1: Online, fastest method and it’s FREE

 Search records of the Department of Defense to determine if your spouse is enlisted in the military. You can complete this search online at https://www.dmdc.osd.mil/appj/scra/

 You will need to provide your spouse’s name and date of birth, or social security number

 This search is free and it takes only a few minutes

 The search results will be exported to a PDF document that you can save on your computer

 Print out the search results to include with your motion

Option 2: Inquiry Letter

 Send a letter of inquiry to the Department of Defense Manpower Data Center (Form 9C)

 Free but much slower

OR Option 3: Mail to each military branch. This method can take several weeks and there is a fee for each request

 Letters to each military branch are attached as FORM 3C

 You must send a letter to each branch of the military, which includes the Army, Navy, Marine Corps, Air Force and Coast Guard by certified mail, return receipt requested

 Each request must include a money order in the amount of $5.20 made out to the appropriate military branch AND a stamped, self-addressed envelope

 It can take several weeks before you receive a written response from the military.

 Written responses from each branch of the military and the return receipt must be included with your motion.

Step 4: Fill out and sign letter to County Board of Elections

 Complete FORM 3D

 Fill out your name, address, and phone number

 Fill in the address for the Board of Elections in the county where your spouse last resided

 Fill in the name of your divorce case (ex: Jones v. Jones) and the docket number

 Include information about your spouse including name, last known address, birth date, SSN, etc.

 Include a stamped, self-addressed envelope

 Send this request by certified mail, return receipt requested

 You must include a copy of any responses from the Board of Elections and the return receipt with your motion

This search is free but it could take the Board of Elections several weeks to respond. You must send the request to the Board of Elections office in the county where your spouse last resided. Attached to FORM 3D is a list of the Board of Elections offices throughout New Jersey.

Step 5: New Jersey Department of Corrections search

• This is a FREE internet search

• Visit the NJ Department of Corrections website at https://www20.state.nj.us/DOC_Inmate/inmatefinder?i=I

• Select inmate locator

• Enter your spouse’s information into the requested fields

• Print out a copy of the results to include with your motion. A copy of a sample printout is available as Form 3E.

Step 6: Federal Bureau of Prisons search

• This is a FREE internet search

• Visit the Federal Bureau of Prisons website at https://www.bop.gov/inmateloc/

• Select inmate locator

• Enter your spouse’s information into the requested fields

• Print out a copy of the results to include with your motion. A copy of a sample printout is available as Form 3E.

Step 7: County jail search

• This is a FREE internet search

• Visit the Essex County Jail website at http://www.eccorrections.org/inmatelookup

• Select inmate locator

• Enter your spouse’s information into the requested fields

• Print out a copy of the results to include with your motion. A copy of a sample printout is available as Form 3E.

Note: You must complete a search of all three agencies – NJ Department of Corrections, Federal Bureau of Prisons, and County Jail.

Step 8: Letter to spouse’s family and friends

 Make as many copies of FORM 3F as needed

 Complete FORM 3F for each friend/ family member

 Make a copy for your records

 You must send this letter by regular and certified mail, return receipt requested to your spouse’s friends or family members

 Include a stamped, self-addressed envelope for each letter you send

 You must include a copy of the letter you sent plus any written responses from your spouse’s family or friends and the return receipt with your motion

Step 9: Letter to spouse’s last known employer

 Complete FORM 3G

 Make a copy for your records

 You must send this letter by regular and certified mail, return receipt requested to your spouse’s last known employer

 Include a stamped, self-addressed envelope

 You must include a copy of the letter you send plus any written responses from your spouse’s last known employer and the return receipt with your motion

Step 10: Proof of attempted service

 If you did not attempt to serve your spouse by sheriff or process server, then skip this step

 If you sent a request to the sheriff’s department or process server and their attempts were unsuccessful you should have received an Affidavit of Non-Service

 The affidavit would have been mailed to you directly

 Include a copy of that Affidavit with your motion

Step 11: Prepare Motion for Publication

 Gather all of your exhibits and proof of mailing (return receipts) before starting FORM 3H

 Complete FORM 3H (please note, the court has labeled this form with Forms A-G)

 FORM 3H is broken into several sections and there are instructions at the beginning which explain how to fill out each document in this section

o Judiciary instructions on completing motion forms

o Notice of Motion (Form A)

o Certification in Support of Motion and Certification of Inquiry (Form B)

o Proposed Order (Form C)

o Certification of Filing and Service (Form D)

o Notice to Litigants (Form E)

o Statement for the Essex County Probation Division (only for cases involving support issues) (Form F)

o Letter to the Clerk of the Superior Court (Form G)

 Complete all blank spaces on the forms. The court’s instructions on completing the forms are included in this packet. Review this packet carefully before filing out the information. Some of the blanks have been completed requesting service by publication

 You must complete ALL sections of the Certification of Inquiry. In the certification, you must indicate each step you took to locate your spouse and what was the result. For example, if you sent a request to the local county board of elections to see if there is an address on file for your spouse, in the certification you would include the date you mailed the request, which board of election office you sent the request to, and whether or not you received a response. You must outline this information in the certification for each search you complete regardless of whether you received a response.

Step 12: File Motion for Publication

Prepare a large (9”x12”) self-addressed stamped envelope

 Go to the post office and purchase enough postage for the weight of your documents to be returned

Make FIVE copies of your motion with attachments

Enclose:

o Original and one copy of the motion packet (FORM 3H) and all the attachments (FORMS 3A-3G)

o Include the self-addressed stamped envelope

Mail your documents to:

Superior Court of New Jersey - Finance Room 111, 1st Floor

Wilentz Justice Complex

212 Washington St Newark, NJ 07102

 Mail two copies of the motion and attachments to your spouse’s last known address, one by regular and the other by certified mail, return receipt requested

 Keep the last copy of the motion with attachments for your records.

6

Step 13: Order for Publication

If the judge is satisfied with the results of your search he/she will issue an order granting your request to serve the defendant by newspaper.

 You then have 20 days from the date of that order to publish the notice in the newspaper

 If you do not publish the notice within 20 days, then your case can be dismissed for lack of prosecution

 Therefore, this 20 day timeline is very important.

Step 14: Publish summons in the newspaper

 Complete FORM 3I

 Fill out Defendant’s name

 Fill out the county where the divorce is filed and the docket number

 Fill out the date listed on the Order for Publication

 Fill out your name as Plaintiff and mailing address

o This information will be published in the newspaper

 DO NOT publish the ad in the newspaper until you have an Order of Publication signed by a judge

 The newspaper must meet TWO requirements:

• You must publish in a newspaper of mass circulation. For example, the Star Ledger and Bergen Record are newspapers of mass circulation. The local town bulletin is not a newspaper of mass circulation.

• You have to publish the notice in a newspaper that your spouse might actually see. For example, if your spouse’s last known address was in Ocean County, then you must publish the notice in a newspaper distributed in Ocean County.

 Contact the newspaper to discuss pricing for the legal notice and the affidavit of publication

 Send the newspaper a copy of FORM 3I

 The notice must be published in the legal notice section of the newspaper

 Ask the newspaper to send you a notarized affidavit that the notice was published in their newspaper. There is an additional fee for the affidavit. This affidavit is considered proof of service.

Step 15: File your proof of service with the clerk within 7 days of receiving it

• Make TWO copies of your proof of service (Affidavit of Publication)

• Mail the following to the clerk’s office:

o Original and one copy of the proof of service to the clerk’s office

o Complete and include FORM 3J Cover letter to the clerk

o Include a self-addressed stamped envelope

• Mail your documents to:

Superior Court of New Jersey - Finance Room 111, 1st Floor

Wilentz Justice Complex

212 Washington St. Newark, NJ 07102

Step 16: Wait 35 days

You must wait 35 calendar days from the date the notice was published in the newspaper until you can move to the next step in your case.

Step 17: Default or trial

After the 35 calendar day waiting period, you are ready to take the next step to finalize your divorce. If your spouse does not file an answer, you will go through a process called default and you need a few more forms to finalize your case. If your spouse files an answer, you will get a notice from the court about a Case Management Conference.

Need additional help?

If you need help with the next part of your divorce case call VLJ at 973‐645‐1955 to learn about our next clinic.

As a reminder, you are representing yourself in this case and you are solely responsible for meeting all court deadlines.

A separate form must be completed for each record requested. You may photocopy this form for your convenience; however, each request must bear an original signature of the requestor. No other form of request will be accepted. The proper fee(s) must accompany each request in the form of a check or money order payable to the New Jersey Motor Vehicle Commission. (DO NOT SEND CASH) Once completed, mail this form to the New Jersey Motor Vehicle Commission, Business & Government Services Unit at the above address. Please contact us at the above phone number for any questions or to obtain the status of a request.

ALL APPLICANTS MUST COMPLETE SECTIONS A, B & D OF THIS FORM. (Please print clearly)

FEE: $15 PER RECORD SEARCH

SECTION A - Requestor Information

I am requesting information on

PLEASE READ THE BELOW SECTION OF THE NEW JERSEY DRIVER PRIVACY PROTECTION ACT, INITIAL NEXT TO THE PERMITTED USE(S) THAT APPLY TO YOUR SPECIFIC USE OF THE MVC RECORDS. THEN PROVIDE A WRITTEN EXPLANATION OF THE REASON FOR YOUR REQUEST AND INTENDED USE OF THE INFORMATION.

USES PERMITTED BY N.J.S.A. 39:2-3.4(c)

______ For use by any government agency including any court or law enforcement agency carrying out its functions, or any private person or entity acting on behalf of a federal, State or local agency in carrying out its functions.

If acting on behalf of a federal, State or local agency, please include a copy of an individual release consent form, the agreement with the client, or other proof that you have been retained to conduct an investigation.

______ For use in connection with matters of motor vehicle or driver safety and theft; motor vehicle emissions; motor vehicle product alterations, recalls or advisories; performance monitoring of motor vehicles; motor vehicle parts and dealers; motor vehicle market research activities, including survey research; and the removal of non-owner records form the original owner records of motor vehicle manufacturers.

Please include the documentation supporting your request if the information is to be used for motor vehicle emissions, recalls or advisories, etc.

______ For use in the normal course of business by a legitimate business or its agents, employees or contractors, but only;

1. to verify the accuracy of personal information submitted by the individual to the business or agents, employees or contractors; and

2. if such information as so submitted is not correct or is no longer correct, to obtain the correct information, but only for the purposes of preventing fraud by pursuing legal remedies against, or recovering on a debt or security interest against the individual.

Please include a copy of the individual release consent form.

______ For use in connection with any civil, criminal, administrative or arbitral proceeding in any federal, State or local court or agency or before any self-regulating body, including service of process, investigation in anticipation of litigation, and the execution or enforcement of judgments and orders, or pursuant to an order of a federal, State or local court.

Please include the Docket number and a letter from the client confirming that you have been retained. Please provide an explanation if no docket number has been assigned.

______ For use in educational initiatives, research activities, and for use in producing statistical reports, so long as the personal information is not published, redisclosed, or used to contact individuals and, in the case of educational initiatives, only to organ procurement organizations as aggregated, non-identifying information.

Please include a description of the initiative or research on official letterhead.

______ For use by any insurer or insurance support organization, or by a self-insured entity, or its agents, employees, or contractors, in connection with claims investigation activities, antifraud activities, rating or underwriting.

Please include supporting documents for intended use.

______ For use in providing notice to the owners of towed or impounded vehicles.

Please include proof of authorization to tow or impound vehicles.

______ For use by an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial driver’s license that is required under the “Commercial Motor Vehicle Safety Act, “ 49 U.S.C. App. §2710 et seq.

Please include a copy of an individual release consent form, a copy of the insurance policy, and a copy of the agreement if done on behalf of a client.

______ For use in connection with the operation of private toll transportation facilities.

If your request does not fall under one of the above reasons:

______ For use by any requestor, if the requestor demonstrates it has obtained the notarized written consent of the individual to whom the information pertains.

______ For use by an organ procurement organization designated pursuant to 42 U.S.C. §1320b-8 to serve in the State of New Jersey, or any donor registry established by any such organization, exclusively for the purposes of determining, verifying, and recording organ and tissue donor designation and identity.

Please include proof that your organization is authorized to serve in one of the capacities listed.

Explanation of reason

Please in explain in detail your reason for requesting the information and how you plan to use it. If involving a lawsuit, please state the type of lawsuit and your relationship to the case.

The disclosure and use of the personal information1 contained in the record you have requested is governed by the “New Jersey Drivers’ Privacy Protection Act” (“NJDPPA”), N.J.S.A. 39:2-3.3 et seq. The NJDPPA provides that a person who knowingly obtains or discloses information from a motor vehicle record for any use not permitted by the Act is guilty of a crime of the fourth degree and can be held liable, in a civil action in the Superior Court, to the individual to whom the information pertains, including an award of actual damages, punitive damages, and reasonable attorney’s fees and litigation costs.

1 ”Personal Information” means information that identifies an individual, including an individual's photograph; social security number; driver identification number; name; address other than the five-digit zip code; telephone number; and medical or disability information, but does not include information on vehicular accidents, driving violations, and driver's status.

I hereby certify that the foregoing statements and submitted supporting documents are true. I understand that if any of the statements or submitted supporting documents are willfully false, I am subject to punishment. I have read N.J.S.A. 39:2-3.3, et seq. (“NJDPPA”) and I have initialed all the permitted purposes that apply to my request for online access. I will only use any personal information contained in records I have requested as permitted by the NJDPPA.

I agree to hold the New Jersey Motor Vehicle Commission (NJMVC) harmless in the event of any errors or omissions in the record and document(s) furnished under this application.

If I am requesting another’s record, I certify that:

1) Use of the information provided by the NJMVC pursuant to this Application will only be for the purposes explicitly set forth in this Application;

2) The information provided by the NJMVC pursuant to this Application will not be used for the purpose of commercial solicitation or marketing, political canvassing or campaigning or any similar purpose or objective, and I shall not provide such information to any person or entity that seeks to use such information for any of these purposes;

3) If the information requested is to be used "in anticipation of litigation," pursuant to N.J.S.A. 39:2-3.4(c)4, personal information will only be used where litigation is imminent or foreseeable, or where the party on whose behalf the information is obtained has made the conscious decision to prepare a claim or defend against a probable claim;

4) In the event of a breach of any of the security obligations or other event requiring notification under applicable law, I shall comply with all applicable State and federal laws that require notification of individuals in the event of unauthorized release of Personal Information, or other event requiring notification, and assume responsibility for informing the NJMVC within twenty four (24) hours and all such appropriate individuals, including the customer whose information is the subject of the release, in accordance with applicable law and to indemnify, hold harmless and defend the State of New Jersey from, and against any claims, damages, or other harm related to such breach or event. All communications must be coordinated with the State of New Jersey by contacting the NJMVC at 609-341-5777.

Signature of Applicant (original signature only - signature Date stamps are unacceptable)

Your Name:

Your Address:

City, State, Zip Code: ___________________Phone number:

Postmaster _ Address _ City, State, ZIP Code

REQUEST FOR CHANGE OF ADDRESS OR BOXHOLDER INFORMATION NEEDED FOR SERVICE OF LEGAL PROCESS

Please furnish the new address or the name and street address (if a boxholder) for the following:

Spouse’s Name: _

Spouse’s Address:_ _ _ City, State, Zip Code: _ _ _ _

Note: Only one request may be made per completed form. The name and last known address are required for change of address information. The name, if known, and Post Office box address are required for boxholder information.

The following information is provided in accordance with 39 CFR 265.6(d)(5)(ii). There is no fee for providing boxholder or change of address information.

1. Capacity of requester (e.g., process server, attorney, party representing self): Party representing self

2. Statute or regulation that empowers me to serve process (not required when requester is an attorney or a party acting pro se - except a corporation acting pro se must cite statute): Party acting pro se

3. The names of all known parties to the litigation: _ _ _(Your name Plaintiff) and _ (Spouse’s name - Defendant)

4. The court in which the case has been or will be heard: County, New Jersey

5. The docket or other identifying number (a or b must be completed):

a.Docket or other identifying number: FM -

b.Docket or other identifying number has not been issued.

6. The capacity in which this individual is to be served (e.g., defendant or witness): Defendant

W ARNING

THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000 OR IMPRISONMENT OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 U.S.C. SECTION 1001).

I certify that the above information is true and that the address information is needed and will be used solely for service of legal process in conjunction with actual or prospective litigation.

Only use Form 3C if specifically requested.

The online military search is free and takes less than 5 minutes. See page 3 of this packet for instructions.

Your Name:

Address:

Phone:

Date:

BY CERTIFIED MAIL RETURN RECEIPT REQUESTED

United States Air Force

Worldwide Locator

HQ AFMPC/RMIQL

550 C Street West, Suite 50

Randolph Air Force Base, TX 78150-4752

Re: Request for a Certificate of Military Service or Non-Service

Docket number: FM-07(fill in your docket number)

Dear Sir/Madam:

Please be advised that I have filed a complaint against the defendant in the above-captioned matter. The object of my inquiry is to obtain a certificate of military service or non-service. Please return to me a certificate along with any address that you might have, regardless of whether it is expired.

Below is the defendant’s information:

Defendant’s name:

Last known address:

Date of birth:

SSN:

Place of birth:

Enclosed is a check or money order in the amount of $5.20 payable to the DAQ-DE and a stamped, selfaddressed envelope for this purpose.

Kindest regards,

Plaintiff Pro Se (your name)

Your Name:

Address:

Phone:

Date:

BY CERTIFIED MAIL RETURN RECEIPT REQUESTED

United States Army Commander USA EREC

Attention: Locator

8899 East 56th Street

Fort Benjamin Harrison, IN 46249-5031

Re: Request for a Certificate of Military Service or Non-Service

Docket number: FM-07(fill in your docket number)

Dear Sir/Madam:

Please be advised that I have filed a complaint against the defendant in the above-captioned matter. The object of my inquiry is to obtain a certificate of military service or non-service. Please return to me a certificate along with any address that you might have, regardless of whether it is expired.

Below is the defendant’s information:

Defendant’s name:

Last known address:

Date of birth:

SSN:

Place of birth:

Enclosed is a check or money order in the amount of $5.20 payable to the Finance Officer and a stamped, self-addressed envelope for this purpose.

Kindest regards,

Plaintiff Pro Se (your name)

Your Name:

Address:

Phone:

Date:

BY CERTIFIED MAIL RETURN RECEIPT REQUESTED

United States Coast Guard

USCG – Personnel Command

2100 Second Street, S.W.

Washington, DC 20593-0001

Attn: Coast Guard Locator Assistant

Re: Request for a Certificate of Military Service or Non-Service

Docket number: FM-07(fill in your docket number)

Dear Sir/Madam:

Please be advised that I have filed a complaint against the defendant in the above-captioned matter. The object of my inquiry is to obtain a certificate of military service or non-service. Please return to me a certificate along with any address that you might have, regardless of whether it is expired.

Below is the defendant’s information:

Defendant’s name:

Last known address:

Date of birth:

SSN:

Place of birth:

Enclosed is a check or money order in the amount of $5.20 payable to the United States Coast Guard and a stamped, self-addressed envelope for this purpose.

Kindest regards,

Plaintiff Pro Se (your name)

Your Name:

Address:

Phone:

Date:

BY CERTIFIED MAIL RETURN RECEIPT REQUESTED

United States Marine Corps

Headquarters, U.S. Marine Corps Code MMSB10

Support BRMMSB 10, Suite 201 2008 Elliott Road, Suite 203 Quantico, VA 22134-5030

Re: Request for a Certificate of Military Service or Non-Service

Docket number: FM-07(fill in your docket number)

Dear Sir/Madam:

Please be advised that I have filed a complaint against the defendant in the above-captioned matter. The object of my inquiry is to obtain a certificate of military service or non-service. Please return to me a certificate along with any address that you might have, regardless of whether it is expired.

Below is the defendant’s information:

Defendant’s name:

Last known address:

Date of birth:

SSN:

Place of birth:

Enclosed is a check or money order in the amount of $5.20 payable to the United States Treasurer and a stamped, self-addressed envelope for this purpose.

Kindest regards,

Plaintiff Pro Se (your name)

Your Name:

Address:

Phone:

Date: BY CERTIFIED MAIL RETURN RECEIPT REQUESTED

United States Navy Naval Personnel Command

PERS 312 F

5720 Integrity Drive Millington, TN 38055-3120

Re: Request for a Certificate of Military Service or Non-Service

Docket number: FM-07(fill in your docket number)

Dear Sir/Madam:

Please be advised that I have filed a complaint against the defendant in the above-captioned matter. The object of my inquiry is to obtain a certificate of military service or non-service. Please return to me a certificate along with any address that you might have, regardless of whether it is expired.

Below is the defendant’s information:

Defendant’s name:

Last known address:

Date of birth:

SSN:

Place of birth:

Enclosed is a check or money order in the amount of $5.20 payable to the United States Treasurer and a stamped, self-addressed envelope for this purpose.

Kindest regards,

Plaintiff Pro Se (your name)

Name:_

Address:

Phone:

Date:

BY CERTIFIED MAIL RETURN RECEIPT REQUESTED

Board of Elections

RE:

Docket number:

To Whom It May Concern,

Please be advised that I am trying to locate the defendant in order to serve him/her with a complaint and summons in connection to the above-referenced matter. The defendant may have been a registered voter in your area.

Defendant’s name:

Last known address:

Date of birth:

SSN:

Place of birth:

Any information you can provide to locate the defendant will be greatly appreciated.

Kindest regards, Plaintiff Pro Se (your name)

ATLANTIC

Board of Elections

Historic Court House Complex

5903 Main Street

Mays Landing, NJ 08330

609-645-5867

Office Hours: 8:30 am - 4:00 pm

BERGEN

Board of Elections

One Bergen County Plaza

Room 310

Hackensack, NJ 07601

201-336-6225

Office Hours: 9:00 am - 4:30 pm

BURLINGTON

Board of Elections

50 Rancocas Road

1st Floor, P.O. Box 6000 Mount

Holly, NJ 08060

609-265-5062

Office Hours: 8:00 am - 4:00 pm

CAMDEN

Board of Elections

Camden County Elections and Archive Center

100 University Court Blackwood, NJ 08012

856-401-8683

Office Hours: 9:00 am - 4:00 pm

CAPE MAY

Board of Elections

10 West Mechanic Street

P.O. Box 5000

Cape May Courthouse, NJ 08210-5000

609-465-1050

Office Hours: 8:30 am - 4:30 pm

CUMBERLAND

Board of Elections

555 Shiloh Pike

Bridgeton, NJ 08302

856-453-5801

Office Hours: 8:30 am - 4:00 pm

ESSEX

Board of Elections

Hall of Records

465 Dr. Martin Luther King, Jr. Boulevard

Fourth Floor, Room 411

Newark, NJ 07102

973-621-5071

Office Hours: 9:00am - 4:00pm

GLOUCESTER

Board of Elections

PO Box 352

Woodbury, NJ 08096

856-384-4500

(For deliveries other than USPS use: 550 Grove Road, Paulsboro, NJ 08066)

Office Hours: 8:30 am - 4:30 pm

HUDSON

Board of Elections

Hudson County Plaza

257 Cornelison Avenue

4th Floor

Jersey City, NJ 07302

201-369-3435

Office Hours: 8:30 am - 5:00 pm

HUNTERDON

Board of Elections

Permanent Registration Office

71 Main Street

Bldg. 3A, 3rd Floor

P.O. Box 2900

Flemington, NJ 08822

908-788-1190

Office Hours: 8:30 am - 4:30 pm

MERCER

Board of Elections

640 S. Broad Street

PO Box 8068

Trenton, NJ 08650

609-989-6522

Office Hours: 8:30 am - 4:30 pm

MIDDLESEX

Board of Elections

11 Kennedy Blvd.

New Brunswick, NJ 08816-01250

732-745-3471

Office Hours: 8:30 am - 4:15 pm Tues.: 8:00 am - 6:30 pm

MONMOUTH

Board of Elections

300 Halls Mill Road

Freehold, NJ 07728

732-431-7802

Office Hours: 8:30 am - 4:30pm

MORRIS

Board of Elections

Administration and Records Building

10 Court Street, 2nd Floor

P.O. Box 900

Morristown, NJ 07963-0900

973-285-6715

Office Hours: 8:00 am - 4:30 pm

O

CEAN

Board of Elections

129 Hooper Avenue

P.O. Box 2006

Toms River, NJ 08754-2006

732-929-2167

Office Hours: 8:00 am - 4:30 pm

PASSAIC

Board of Elections

401 Grand Street

Room 123

Paterson, NJ 07503

973-881-4527

Office Hours: 8:30 am - 4:30 pm

SALEM

Board of Elections

Fifth Street Complex

110 Fifth St., Suite 1000

Salem, NJ 08079

856-935-7510 ext. 8329 & 8330

Office Hours: 8:30 am - 4:30 pm

SOMERSET

Board of Elections

Administration Building

20 Grove Street

P.O. Box 3000

Somerville, NJ 08876-1262

908-231-7084

Office Hours: 8:30 am - 4:00 pm

SUSSEX

Board of Elections

83 Spring Street

Suite 305

Newton, NJ 07860-2080

973-579-0950

Office Hours: 8:00 am - 4:00 pm

UNION

Board of Elections

271 North Broad Street

Elizabeth, NJ 07208

908-527-4123

Office Hours: 8:00 am - 4:00 pm

WARREN

Board of Elections

Cummins Building

202 Mansfield Street

Belvidere, NJ 07823 908-475-6313

Office Hours: 8:00 am - 4:30 pm

Sample searches and results for:

 New Jersey Department of Corrections

 Federal Bureau of Prisons

 County Jail

AgriIndustries

DOCHomePage | SearchForm | Escapes | Restrictions

Youmayselectasmanyorasfewofthesearchcriteriabelowasyouwish.Searchesarelimitedto250results,ifyoursearchreturnsmorethan250resultsyouwillbeprompted tomodifythecriteriachosen.

SBINumber,NameandSex

SBINumber:

LastName:

FirstName:

SearchAliases? Yes No

Sex: All Male Female

PleasesearchtheDOCrecordsforanexactmatchonthenamethathasbeen entered.

Asinglenamealiascanbeenteredintoeitherthelastname,orthefirstnamefield.

County(s)ofCommitment:

HairColor,EyeColorandRace

HairColor: EyeColor: Race:

Copyright©StateofNewJersey,1996-2019 All Auburn Bald Black All Black Blue Brown All Aboriginal Am.IndianorAlaskanNative AsianorPacificIslander

YoumayselectmultipleitemsinalistbyholdingdowntheCTRLkeywhileclickinga selectionfromthelist.

County(s)ofCommitmentandCurrentFacilityLocation

CurrentFacilityLocation:

All Atlantic Bergen Burlington Camden All Escaped

AdultDiagnosticandTreatmentCenter

AlbertC.WagnerYouthCorrectionalFacility BaysideStatePrison

YoumayselectmultipleitemsinalistbyholdingdowntheCTRLkeywhileclickingaselectionfromthelist.

BirthDateandAge

BirthDateBetween:

AgeBetween:

OR and yearsold and

AllfieldsarerequiredforBirthDatesearches(Day,MonthandYear)

Disableoffenderphotos*

*Selectingthisfeaturemayhelpincreasethespeedofyoursearch.

Submit Reset

https://www20.state.nj.us/DOC_Inmate/inmatesearch

Option1:Youcansearchtheinmatedatabasebyentering thefirstandlastnameinthetextboxesprovided.

-OR-

Option2:Youcansearchtheinmatedatabasebyselectingan identifierfromthedropdownlistandenteringavalueinthefield provided.

SearchbyName:

FirstName:

LastName:

Includereleasedinmates

Submit Reset

SearchbyUniqueIdentifierorValue:

SelectIdentifier: BookingNumber

Value:

Includereleasedinmates

Submit Reset

©Copyright2003,DigitalSolutions,Inc.AllRightsReserved

Your name:

Address:

Phone:

Date:

VIA REGULAR & CERTIFIED MAIL, RETURN RECEIPT REQUESTED

(name and address of spouse’s family member or friend)

RE: v.

Docket Number: FM-07-

My name is _. I am attempting to (your name)

locate , to serve him/her with a Summons and (name of spouse) Complaint in the above-captioned divorce matter. I have filed a Complaint for Divorce against

, and I need to give him/her notice that the Complaint has been (name of spouse) filed and the time he/she has to defend him/herself in this matter. The last known address I have for is

(name of spouse) .

(last known address of spouse)

If you do know of ’s whereabouts or (name of spouse) place of employment I am asking for your assistance in this matter so I can properly serve him/her with the Summons and Complaint in the above captioned matter.

For your convenience, enclosed is a self-addressed envelope to send your written response. If I do not receive a written response from you within ten (10) days for the requested information,

I will proceed with the above captioned matter against (name of spouse) by Order of Publication.

I thank you for your time and assistance with this matter.

Very truly yours,

Plaintiff Pro Se

Your name:

Address:

Phone:

Date:

VIA REGULAR & CERTIFIED MAIL, RETURN RECEIPT REQUESTED

(name and address of spouse’s last known employer)

RE: v.

Docket Number: FM-07-

My name is _. I am attempting to (your name)

locate , to serve him/her with a Summons and (name of spouse) Complaint in the above-captioned divorce matter. I have filed a Complaint for Divorce against

, and I need to give him/her notice that the Complaint has been (name of spouse) filed and the time he/she has to defend him/herself in this matter. The last known address I have for is

(name of spouse) . (last known address of spouse)

If you do know of ’s whereabouts or (name of spouse) place of employment I am asking for your assistance in this matter so I can properly serve him/her with the Summons and Complaint in the above captioned matter.

For your convenience, enclosed is a self-addressed envelope to send your written response. If I do not receive a written response from you within ten (10) days for the requested information,

I will proceed with the above captioned matter against (name of spouse) by Order of Publication.

I thank you for your time and assistance with this matter.

Very truly yours,

Plaintiff Pro Se

Court Motion Forms

This section includes the following forms:

 Judiciary instructions to complete motion forms

 Form A – Notice of Motion

 Form B – Certification in Support of Motion

 Form C – Proposed Order

 Certification of Inquiry

 Form D – Certification of Filing and Service

 Form E – Notice to Litigants

 Form F – Statement for the Essex County Probation Division

 Form G – Letter to the Clerk of the Superior Court

How to Ask the Court to Change/Enforce an Order in Your Case or Request Another Related Action in Your Case

(Family Multipurpose Post-Judgment Motions)

Who Should Use This Packet?

You can use this packet if you have an order from the court that you wish to change or enforce in your divorce, your civil union or your domestic partnership.

The word motion used in this packet means a written request in which you ask the court to change or enforce an order it has already made. The court will change an order only if important facts or circumstances have changed from the time the order was issued. This is different from an appeal.

Family court motions are governed by Court Rule 5:5-4; your motion must follow the requirements of this rule. **Unless otherwise noted, this packet is for use in cases with an “FM” docket number

Some types of motions you can use this packet for are:

• A motion to increase or decrease child support payments.

• A motion to terminate or continue child support.

• A motion to increase, decrease or terminate alimony or spousal support payments.

• A motion to change the custody arrangements of a minor child.

• A motion to change the visitation/parenting time arrangements in your case.

• A motion to enforce litigants’ rights. (This includes but is not limited to enforcing custody, college expenses, visitation, child support and alimony or spousal support payment orders.)

• A motion for emancipation of a child (termination of child support obligation).

• A motion for reimbursement of medical expenses.

• A motion for a change the county where the case is heard (Change of Venue).

• A motion for removal (relocation) of children.

• Miscellaneous Family Court motions governed by Court Rule 5:5-4

• A motion to resume your maiden name after a divorce. Note: if your judgment of divorce stipulates that you may resume your maiden name, you do not need to use this packet, and may apply for a new social security card free of charge with the Social Security Administration office.

• A motion for reconsideration (FM, FD or FV cases).

• A motion to reinstate your divorce complaint.

• A cross-motion responding to one of the motions listed above.

DO NOT complete this packet if your court order requires payment of child support, alimony or spousal support directly to you and your only request is that these payments be made through the Probation Division. In this case, you should contact your county Family Division directly.

Note: These materials have been prepared by the New Jersey Administrative Office of the Courts for use by self-represented litigants. The guides, instructions, and forms will be periodically updated as necessary to reflect current New Jersey statutes and court rules. The most recent version of the forms will be available at the county courthouse or at njcourts.gov. However, you are ultimately responsible for the content of your court papers.

Descriptions of Motions That You Can

Note: this packet is for use in cases that begin with the letters “FM”, except for a motion of reconsideration (page 4), which can be used for cases with the letters “FM”, “FD”, and “FV”.

Motion to Increase or Decrease Child Support payments:

If you are receiving child support payments, you can file this motion to ask the court to increase the amount of child support you are receiving. If you are paying child support, you can use this packet to file a motion to ask the court to decrease the amount of child support you have to pay.

A Motion to

Terminate

or Continue Child Support

The new Child Support Termination law (N.J.S.A. 2A:17-56.67 et seq.), effective February 1, 2017, allowed for the termination of a child support obligation by operation of law (automatically) for a dependent who has reached the age of 19 If you are contesting the termination of the child support obligation or you are contesting the continuation of the child support obligation past the dependent’s age of 19, you can use this packet. If you are requesting financial maintenance beyond the dependent’s age of 23, you can also use this packet.

Motion to Increase, Decrease or Terminate Alimony payments:

You can use this packet to ask the court to either increase, decrease or discontinue the previously ordered alimony obligation.

Motion to Change the Custody Arrangements of a minor child:

If a judge in your case has issued a custody order which outlines the custody arrangements between you and the other party, and you wish to change that arrangement, you can use this packet to ask the court to change the custody order.

Motion to Change Visitation/Parenting Time arrangements:

You can use this packet to ask the court to change a previously ordered visitation and/or parenting time arrangement.

Motion to Enforce Litigants’ Rights:

If you have obtained a court order in your case directing the other party to do something or not do something, and the other party is not following the court’s order, you can use this motion to ask the court to ensure that the other party does so.

Motion for Emancipation of a Child:

Emancipation is defined as when a child has obtained an independent status on their own. Some examples of when this might occur:

• The child is 18 years of age and is no longer a full-time student, whichever is the last to occur.

• The marriage of the child.

• The entry of the child into the armed forces.

Motion for Reimbursement of Medical Expenses:

If you have paid certain medical expenses for your child and you wish to seek reimbursement from the other party for these expenses, you can use this packet to ask the court to order the other party to reimburse you for these medical expenses.

Motion for a Change of County Where the Case is Heard (Venue):

If you want to request the court to change the county in which all future filings pertaining to your divorce will be heard, you must request a change of venue.

A Motion for Removal (Relocation) of children:

When a custodial parent wants to move out of New Jersey, that parent must have either the written consent of the other parent or a court order permitting the relocation. If the noncustodial parent does not consent to the child’s relocation, then the custodial parent seeking the relocation must file a motion with the court seeking relocation as a relief.

Miscellaneous Motions Governed by Court Rule 5:5-4 (Other Family Motions)

This packet can be used for motions not listed above but which require court consideration and a Family Court judge’s decision.

A Motion for Reconsideration of a Family Court Order (FM, FD or FV):

A motion for reconsideration is used to request the court to reconsider a decision it has rendered within 20 days of a signed court order issued to you. A motion for reconsideration is filed in court and reviewed by the same judge who made the decision you are requesting to be changed. You can also file an appeal in the Appellate Court within 45 days after the court has issued an order. However, that is a different process. You can read information about filing an appeal on page 7 of this packet. If you wish to file an appeal instead of a modification, you would use CN 10837 - How to Appeal a Trial Court, Tax Court or State Agency Decision found on our website at njcourts.gov.

Cross-Motion responding to one of the Motions listed above (All Cases):

A cross-motion is a motion that attempts to counter a motion filed by an opposing party. An example could be that the plaintiff filed a motion for custody of the minor child and the defendant filed a cross-motion for custody of the same minor child.

Definition of cases that begin with the letters FM, FD or FV:

FM cases are defined as “dissolution” cases such as divorce from marriage, termination of a civil union, or the termination of a domestic partnership.

FD cases are defined as the “non-dissolution” cases, which include cases involving unmarried parents, or other adults seeking a court order related to a minor child. To change or enforce your FD non-dissolution order, use CN 11492 - How to File a Request to Modify a NonDissolution “FD” Court Order Previously Issued by the Court available on our website at njcourts.gov.

FV cases are defined as cases involving a domestic violence complaint and order. To change or enforce your FV order, contact the Family Court in the county where your case was last heard.

What deadlines do you need to meet?

You must tell the other party in writing when you are requesting the motion be heard by the court. That notice must include the time and date of the scheduled motion hearing. Refer to the motion date on your Notice of Motion (Form A) to understand your deadlines.

The other party in the case or their lawyer must receive these papers at least 24 calendar days before the motion is scheduled to be heard by the court. NOTE: If you are sending your motion by mail, you must mail it at least 27 calendar days before the motion is scheduled to be heard by the court. This allows 3 calendar days for mailing and delivery.

Submit your completed forms online by using the Judiciary Electronic Document Submission (JEDS) system. JEDS can be found on our website at njcourts.gov. If you cannot submit your documents electronically, you can mail them to the Family Court that issued the order you are trying to change or that last heard your case. You will find all Family Court addresses on njcourts.gov.

Note: Applications can be submitted electronically (uploaded) to the Judiciary Electronic Document Submission (JEDS) System (JEDS) at any time; however, they will only be reviewed by Superior Court staff during normal business hours.

Things to Think About Before You Try to Represent Yourself in Court

Try to Get a Lawyer

The law, the proofs necessary to present your case, and the procedural rules governing cases in the Family Division are complex. It is recommended that you make every effort to obtain the assistance of a lawyer. If you cannot afford a lawyer, you can contact the legal services program in your county to see if you qualify for free legal services. Their telephone number can be found online under “Legal Aid” or “Legal Services.”

If you do not qualify for free legal services and need help in locating an attorney, you can contact the bar association in your county. Most county bar associations have a Lawyer Referral Service. The County Bar Lawyer Referral Service can supply you with the names of attorneys in your area willing to handle your particular type of case and will sometimes consult with you at a reduced fee.

There are varieties of organizations of minority lawyers throughout New Jersey, as well as organizations of lawyers who handle specialized types of cases. Ask the Family court staff in your county for a list of lawyer referral services that include these organizations.

What You Should Expect If You Represent Yourself

While you have the right to represent yourself in court, you should not expect special treatment, help, or attention from the court. You must still comply with the Rules of the Court, even if you are not familiar with them. The following is a list of things court staff can and cannot do for you. Please read it carefully before asking the court staff for help.

• We can explain and answer questions about how the court works.

• We can tell you what the requirements are to have your case considered by the court.

• We can give you some information from your case file.

• We can provide you with samples of court forms that are available.

• We can provide you with guidance on how to fill out forms.

• We can usually answer questions about court deadlines.

• We cannot give you legal advice. Only your lawyer can give you legal advice.

• We cannot give you an opinion about what will happen if you bring your case to court.

• We cannot recommend a lawyer, but we can provide you with the telephone number of a local lawyer referral service.

• We cannot talk to the judge for you about what will happen in your case.

• We cannot let you talk to the judge outside of court.

• We cannot change an order issued by a judge.

Keep Copies of All Papers

Make and keep for yourself copies of any signed orders, written agreements, Judgments of Divorce, Case Information Statements, and other important papers that relate to your case.

Delivering Papers to the Correct People

The instructions in this packet will tell you to submit electronically, mail, deliver or have delivered by a process server, courier, or an adult neutral third party, copies of all letters, motions, certifications, orders or other papers to the lawyer representing the other person in the case. However, if the other person in the case does not have a lawyer and is representing themselves, then you must send those copies to that person.

To electronically submit your documentation in to new or existing cases to the court, use the Judiciary Electronic Document Submission (JEDS) system. (Attorneys can use this system only for case types not available in eCourts.) Click on the following link for more information about the JEDS system (including FAQs) and how to register to use the system: njcourts.gov. Note: Applications can be submitted electronically (uploaded) to the Judiciary Electronic Document Submission (JEDS) System (JEDS) at any time; however, they will only be reviewed by Superior Court staff during normal business hours.

If you mail your papers, you must send them to the other party using both regular and certified mail, return receipt requested. This will provide you with a post office receipt and green card that can serve as proof of service. Your post office can tell you how to send things by certified mail, return receipt requested.

If you are using an adult neutral third party to serve your papers, an affidavit of service from the third party must be provided to the court.

If you are going to personally serve the papers to the opposing party, you must attach a notarized acknowledgement of service from the receiving party (Form H).

If You Want to File an Appeal, Not a Motion

An appeal is a written request asking a higher court to look at the decision of the judge and change that judge’s decision. You must make that written request for an appeal within 45 days after the judge decided the case and signed a judgment in the Superior Court.

DO NOT use this packet of materials if you want to file an appeal of a court order. If you wish to file an appeal instead of a modification, you would use CN 10837 - How to Appeal a Trial Court, Tax Court or State Agency Decision found on our website at njcourts.gov

Definitions of Some Words Used in This Packet

Adult Neutral Party - An adult neutral party is an impartial third-party that has no financial, official, or personal interest in a controversy, dispute, or issue.

Affidavit - An affidavit is a notarized written statement made to the court when you file papers with the court swearing that the information contained in the filed papers is true.

Appeal - An appeal is a written request asking a higher court to look at the decision of the judge and change that judge’s decision.

Arrears - The word arrears means unpaid or overdue child support, alimony or spousal support payments.

Caption - The caption is how the parties’ names were written in the original papers filed for your divorce. If you were the plaintiff or defendant you are still the plaintiff or defendant for all subsequent filings.

Certification - A certification is a written statement made to the court when you file papers, swearing that the information contained in the filed papers is true.

Defendant - The defendant is the person against whom the court action was originally filed.

Exhibits - Exhibits are papers and information you provide to support what is in your motion.

Family Case Information Statement (CIS) - The CIS tells the court your past financial status as well as your current status. If you are filing an FM motion and asking for any type of monetary relief such as an increase or decrease in support, you must complete and file a copy of the last CIS submitted to the court and complete a new and current CIS. The CIS which is to be used with this packet can be found on our Self-Help Resource Center.

File - To file means to give the appropriate forms to the court to begin the court’s consideration of your request.

Judiciary Electronic Document Submission (JEDS) system - The JEDS system is an electronic filing system for self-represented litigants for submitting documents to the court. Attorneys can only use the JEDS system in cases not managed through eCourts.

Motion - A motion is a written request in which you ask the court to issue an order, change an order it has already issued, enforce an order it has already issued, or ask the court to take some other action related to your case.

Order - An order is a signed paper from the judge telling someone they must do something.

Party - A party is a person, business or governmental agency involved in a court action.

Definitions of Some Words Used in This Packet (continued)

Plaintiff - The plaintiff is the person who filed the original court action.

Pleading - a pleading is a formal written statement of the respective parties of their claim or response to a claim.Pro Se - The term pro se means that you are representing yourself in court without a lawyer.

Process Server - A process server is a person (for example, a sheriff or deputy), who serves writs, subpoenas, etc.

Relief - To ask for relief is to ask the court for something.

Service - Service refers to the delivery of a writ, summons, or other legal papers to the person required to respond to them.

Substantial Change - A substantial change, as used in this packet, means a significant change in your situation or circumstances affecting your case.

Third Party - A third party is a person or group besides the two primarily involved in a situation, especially a dispute.

Warrant - A warrant is a notification to law enforcement that a person should be arrested when found.

How to Ask the Court to Change or Enforce an Order in Your Case

The numbered steps listed below tell you what forms you will need to fill out and what to do with them. Each form should be typed or printed clearly on 8 ½ “x 11” white paper only. Forms cannot be filed on a different size or color paper. Use only the forms included in this packet. Be sure to keep a copy for your records.

Steps for Filing a Motion

If you are filing a Motion to Increase/Decrease/Terminate child support payments, you need to know that Child Support Guidelines are used in New Jersey to determine child support awards (N.J. Court Rule 5:6A). A copy of the New Jersey Court Rules is available in all county law libraries and on njcourts.gov.

STEP 1: Fill out the Notice of Motion (Form A)

The Notice of Motion tells the court and the other party the things you want the court to do. It also tells the other person in the case, and the court, the date the motion will be heard.

STEP 2: Get a court date for your motion

You must locate a date you want your motion to be heard by the court. Go to njcourts.gov (calendars-schedules-agendas). Pick a Friday date that allows sufficient time to meet the required service and answer timeframes. Fill in that date on your Notice of Motion form.

NOTE: The date you are initially assigned might change depending on the judge's schedule. If that happens, the court will contact you and all parties listed in your papers.

STEP 3: Fill out the Confidential Litigant Information Sheet

The purpose of the Confidential Litigant Information Sheet (CN 10486) is to ensure accuracy of court records. You must complete this form any time you file a pleading (not just the first pleading) involving alimony, maintenance, child support, custody, parenting time, visitation or paternity. Complete the entire form. Do NOT leave any blank spaces. If something does not apply to you, enter “N/A”. You can find this form on njcourts.gov.

STEP 4: Fill out the Certification in Support of Motion (Form B)

On the Certification in Support of Motion, type or print the specific reasons you think the court should agree to the things you are asking for in your Notice of Motion. The reasons you give to the court must be based on the facts that you know are true. Type or print the details about the events that led up to your filing this motion.

You must include with the completed Certification form a copy of all previous orders. Remember to sign and date the form. You should also attach copies of any other papers that will prove that the things you say in your Certification are true, such as pay stubs or federal or state tax returns. These other papers are called exhibits.

STEP 5: Fill out the Proposed Order (Form C) unless you are requesting to establish, increase or decrease child support (see “Note”)

You should include in the Proposed Order (Form C) all the things that you are asking the court for in your Notice of Motion. If the judge does not agree with everything you asked for, the judge might change your Proposed Order. The original and two copies of the Proposed Order

How to Ask the Court to Change or Enforce an Order in Your Case

must be attached to your Notice of Motion when you deliver it to the court, along with a stamped self-addressed envelope.

Note: Do NOT use this form if you are requesting to establish a new child support order, or to increase or decrease your current child support obligation. If you are requesting to establish child support or to increase or decrease your current child support obligation, you should complete the Uniform Summary Support Order (USSO) (CN 10284), which can be found on njcourts.gov.

If the judge grants your motion after the hearing, the judge will sign either the Proposed Order or the USSO.

STEP 6: Fill out the Certification of Filing and Service (Form D)

This form tells the court the date that you mailed or delivered the copies of the documents to the other party or other party’s attorney, as well as the method of mailing (process server, courier, adult neutral third party; in person; or by regular and certified mail, return receipt requested).

STEP 7: Fill out the Notice to Litigants (Form E)

The Notice to Litigants form lets the other party know how to respond to your Notice of Motion. Your motion could be dismissed if your motion papers do not include the Notice to Litigants.

STEP 8: Fill out the Statement for the Probation Division (Form F)

Fill out this form ONLY if your child support order is being administered through the Probation Division and you want to change that order.

You must fill out this form if you are filing a Motion to Increase, Decrease or Terminate Child Support payments that are paid to, or received through, the Probation Division. This form helps Probation know what the court has ordered so that it can keep track of child support payments in the case. If you are not paying or receiving child support through the Probation Division, but are filing a Motion to Increase, Decrease, or Terminate Child Support payments, DO NOT complete this form, instead go directly to Step 9.

STEP 9: Fill out the Case Information Statement (CIS)

If you are filing an FM motion and asking for any type of monetary relief such as an increase or decrease in support, and you have previously completed a CIS in this case; you must file a copy of the last CIS submitted to the court. You must also complete a new and current CIS, and file a copy of that to the court as well. (This means you will be attaching two CIS forms to your current motion.) The two Case Information Statements tell the court your past financial status as well as your current status, and both must be attached to your Notice of Motion. Make sure to attach proof of your income (i.e., pay stubs, tax returns, etc.)

You will also need to include a blank CIS form in the packet of papers that you mail (or deliver) to the other party. The other party must then complete the CIS and mail (or deliver) a completed copy back to you, as well as send a completed copy to the court.

The Case Information Statement form (CN 10482) can be found at njcourts.gov.

STEP 10: Fill out the Letter to the Clerk (Form G)

Complete the Letter to the Clerk of the Superior Court. This letter must be the first page of the packet of papers that you file with the court. You must include a self-addressed, stamped envelope with this letter.

For FM cases only: attach your check or money order for $50 made payable to the Treasurer, State of New Jersey. DO NOT send cash.

FV case types do not require a filing fee.

STEP 11: Check your completed forms and make copies.

Check your forms and make sure they are complete. Remove all instruction sheets. Make sure you have signed all the forms wherever necessary.

You also need to make three copies of the entire packet of the completed forms, and 2 extra copies of the proposed order. Keep one copy of the entire packet for your own records.

In Step 12 you will be directed to mail or upload your documents to the court. The following checklist will help ensure your package is complete.

Checklist

Make sure you have all of the following items and that they are in this order:

Letter to the Clerk of the Superior Court (Form G).

$50 check or money order (FM cases only). Make the check or money order payable to, Treasurer, State of New Jersey. Do not send cash. If you pay in person, keep the receipt for your records.

A self-addressed, stamped envelope for the court order that will be mailed to you (if you did not select oral argument).

Notice of Motion (Form A), Certification in Support of Motion (Form B).

Any papers to support your motion (called exhibits), including all prior orders.

Proposed Order (Form C) or Uniform Summary Support Order (CN 10284), Certification of Filing and Service (Form D), Notice to Litigants (Form E), Statement for the County Probation Division (Form F) if required (see Step 8).

Previous Case Information Statement (CIS) and a current CIS (CN 10482), if applicable.

STEP 12: Submit electronically, mail, deliver or have delivered your package of completed papers to the court and the other party in the case. Submit electronically, mail, deliver or have delivered the original and one copy of all the forms, and 2 extra copies of the proposed order to the court.

To electronically submit your documentation in to new or existing cases to the court, use the Judiciary Electronic Document Submission (JEDS) system. (Attorneys can use this system only for case types not available in eCourts.) Click on the following link for more information about the JEDS system (including FAQs) and how to register to use the system: njcourts.gov.

Note: Applications can be submitted electronically (uploaded) to the Judiciary Electronic Document Submission (JEDS) System (JEDS) at any time; however, they will only be reviewed by Superior Court staff during normal business hours.

Mail, deliver or have delivered one copy of the entire packet of completed forms to the other party or their current lawyer, if known.

You can properly serve the packet on the other party or their attorney as follows: by certified and regular mail through the Postal Service; by a process server or courier service, or by an adult neutral third party (an accompanying notarized affidavit must be submitted to the court if choosing this method of service - the form must be notarized at the time of service) or you can personally deliver the packet to the other party (an accompanying notarized affidavit signed by the receiving party must be submitted to the court if you choose this method of service- the form must be notarized at the time of service). You must prove to the court that the other non-filing party has been served with your papers.

Attention: If using this packet for a case that begins with the letters “FV” do not personally serve this motion packet. Contact the Family Court for further instructions on service of this packet.

REMINDER: Keep one copy of the entire packet for your own records.

If you are mailing the papers, you must use regular and certified mail with return receipt requested. This will provide you with a post office receipt and green card. Return of a signed green card is proof of service to the other party. Your post office can tell you how to send certified mail with return receipt requested.

Additional information:

• If any person named in the Notice of Motion is receiving public assistance and this motion involves child support, you must also send a copy of the packet to the Social Services agency in the county that is providing assistance to that person and/or child(ren). If this applies to you, then you must make an extra copy of the entire packet of completed forms, and an extra copy of the Proposed Order.

• Mail, upload, deliver or have delivered one copy of the Probation Statement to the county Probation Division if you are filing a Motion to Increase, Decrease or Terminate Child Support and/or Alimony or Spousal Support payments and those payments are monitored through the county Probation Division.

• If you are personally delivering the motion, you must have the opposing party complete the Acknowledgement of Personal Service Form (Form H). This form must be notarized by a Notary Public.

DEADLINES

• You must get the motion papers to the other person in the case or to their lawyer at least 24 calendar days before the motion is scheduled to be heard by the court.

• If you are sending your motion by mail, you must mail it no later than 27 calendar days before the motion is scheduled to be heard by the court. This allows three days for mailing and delivery.

Instructions for Notice of Motion (Form A)

A. At the top of the form, type or print your Name, Attorney ID Number (if applicable), current Address, Daytime Phone, Cell Phone and Email Address. Enter Your Name and check whether you are the Plaintiff or the Defendant.

You remain the same party as you were in the original complaint filed with the court. If you were the defendant in the original complaint, you are still the defendant in this motion. If you were the plaintiff in the original complaint, you are still the plaintiff in this motion.

B. Enter the names of the plaintiff and defendant on the Plaintiff and Defendant lines, as they appear on the original court order.

C. Enter the name of the County where you are filing this motion. This should be the county where the original case was heard.

D. Enter the case Docket Number as it appears on your original court order.

E. Provide the name and address of the other party’s lawyer, if they have one. If they don’t have one, write the name and address of the other party.

F. If you pay or receive child support through the Probation Division, fill in the name and address of the county Probation Division. Do not complete this if you do not pay or receive child support payments through the Probation Division.

G. Enter the date of the motion hearing on the line following Please take notice that on Friday. Please see Step 2 on page 10.

H. Enter your name in the space following as the matter may be heard and select whether you are the plaintiff or defendant.

I. Enter the county on the line following Family Part. Enter the county on the line following at the. Enter the city where you are filing the motion on the line following County Courthouse.

J. Check off the type of motion or motions you want the court to consider in the case. If you select Other, please specify what you want the court to do.

K. In each paragraph (1-4) write a short and clear statement explaining what you are asking the court to do. Write as many paragraphs as you need. Some examples of what you might put in this section are:

• The child support payments should be increased or decreased from $ a week to $ a week;

• The custody status of my child should be changed because it is in the best interest of my child;

• The parenting visitation time should be increased from hours per week to hours per week;

• The alimony or spousal support payments should be increased or decreased from $ a week to $ a week;

• An order was previously entered by the court and is not being complied with by [name of other party] and the court should issue an order to Enforce Litigants’ Rights to have the other party comply with the court’s order. [List the type of order that has been violated.]

• [Name of the other party] should repay me $ as reimbursement for medical expenses.

L. If you pay or receive child support payments through the Probation Division or if you otherwise have a child support account number, fill in the name of the Probation Division as well as your child support (CS) number in paragraph 5. If you do not pay or receive child support through the Probation Division, you won’t have a child support number. If this is the case, leave this section blank.

M. In paragraph 7 tell the court whether you want oral argument to be scheduled. Oral argument is when you and the other party go in front of the judge at the same time and both you and the other party tell the judge about your case. The judge will decide whether to grant your request for oral argument. If oral argument is not requested, the judge based on the papers you and the other party submit will decide the motion.

N.Sign and date the form.

O. Select whether you are the plaintiff or the defendant.

P. If you requested oral argument, select whether you need an interpreter. If yes, specify the language. Check whether you need a disability accommodation. If yes, specify the accommodation.

NOTICE: This is a public document, which means the document as submitted will be available to the public upon request. Therefore, do not enter personal identifiers on it, such as Social Security number, driver’s license number, vehicle plate number, insurance policy number, active financial account number, active credit card number or military status information.

Form A - Notice of Motion

Filing Attorney Information or Pro Se Litigant:

Name

NJ Attorney ID Number

Address

Daytime Phone ext. Cell Phone

Email Address

Your Name

(check one) ☐ Plaintiff ☐ Defendant

Superior Court of New Jersey

Plaintiff, (Name as it appears in original caption) Chancery Division-Family Part County

v. Docket Number

Civil Action

Defendant (Name as it appears in original caption)

TO: (Other party’s lawyer or Other Party) (County Probation Division)

Notice of Motion (See Below)

PLEASE TAKE NOTICE that on Friday, , at 9:00 a.m., or as soon after that as the matter may be heard, , the (check one) ☐ plaintiff / ☐ defendant will apply to whichever judge is hearing matters in the Superior Court, Chancery Division - Family Part, County, at the County Courthouse , New Jersey for an order to:

☐ Continuation/Termination of Child Support

☐ Increase/Decrease Child Support payments

☐ Motion for Reconsideration

☐ Enforce Litigants’ Rights

☐ Increase/Decrease Alimony payments

☐ Change Custody arrangements

☐ Change Visitation arrangements

☐ . Other (specify):.

☐ Emancipate a Child

☐ Reimburse Medical Expenses

☐ Change of Venue

(Type or print what you are asking the court to do. Attach additional sheets of 8.5” x 11" white paper, if necessary.)

1.

2.

3.

4.

5. Require the County Probation Division to adjust its records in accordance with this order for Child Support account CS- , and reissue any orders of income withholding if necessary;

6. Or such other relief as the Court may deem equitable and just.

7. I (check one) ☐ do / ☐ do not want oral argument.

(Signature)

(check one) ☐ Plaintiff ☐ Defendant

If you requested oral argument do you need to request:

An interpreter ☐ Yes ☐ No Language:

A disability accommodation

☐ Yes ☐ No

Accommodation:

Date:

A. At the top of the form, type or print your Name, Attorney ID Number (if applicable), current Address, Daytime Phone, Cell Phone and Email Address. Enter Your Name and check whether you are the Plaintiff or the Defendant.

You remain the same party as you were in the original complaint filed with the court. If you were the defendant in the original complaint, you are still the defendant in this motion. If you were the plaintiff in the original complaint, you are still the plaintiff in this motion.

B. Enter the names of the plaintiff and defendant on the Plaintiff and Defendant lines, as they appear on the original court order.

C. Enter the name of the County where you are filing this motion. This should be the county where the original case was heard.

D. Enter the case Docket Number as it appears on your original court order.

E. Enter your name in the line for I, _____ of full age…

F. Select whether you are the plaintiff or the defendant in this matter.

G. Check off the type of motion or motions you want the court to consider in the case. If you select Other, please specify what you want the court to do.

H. In paragraph 2, state the specific facts explaining WHY you are filing this motion. You need to explain in detail the following reasons for your request:

• For a Motion to Increase, Decrease or Terminate Child Support, Alimony payments: Why the court should modify/terminate your existing child support or alimony order.

• For a Motion to Change the Custody arrangements of a minor child: Why the court should change your existing custody order.

• For a Motion to Change the Visitation/Parenting Time arrangements: Why the court should change your existing parenting time or visitation order.

• For a Motion to Enforce Litigants’ Rights: Explain that an order was previously issued by the court in this case and describe how and when the other party has not complied with the court’s order.

• For a Motion for Emancipation of a Child: Why the court should find that your child is an adult and end your child support payments.

• For a Motion for Reimbursement of Medical Expenses: Why the court should order the other party to reimburse you for certain medical expenses. Describe the expenses in detail and document payments by health insurance.

• For a Motion to Change Venue: Why your case should be transferred to another county and identify the county.

• For a Motion for Reconsideration: What you want the judge to reconsider and why the judge should reconsider their decision.

• For a Motion for Relocation of Children: Why the court should grant your request to relocate the child(ren).

• Miscellaneous Motions Governed by Court Rule 5:4-4: Why the court should take some other action in your case not related to the above examples. Be as specific as possible in your request to the court.

For a Cross-Motion responding to one of the motions listed previously: A cross-motion is a motion that disputes or responds to a motion filed by an opposing party. An example could be that the plaintiff filed a motion for custody of the minor child and the defendant filed a cross-motion for custody of the same minor child.

• Include all important information and any relevant dates.

• Write only one fact for each lettered paragraph. You may add as many lettered paragraphs as you need to state all the facts that support your requests. Attach additional 8 1/2" x 11" sheets of white paper, if necessary.

• Be sure to state specific facts that explain in detail why the court should grant your motion. If the existing order has not been followed, state specific examples of how the existing order has not been followed.

• Remember to attach the original order and any other previous court orders or other documents (exhibits) that support your requests and the statements in your Certification. These documents should be mentioned in your Certification. Make sure to mark them “1...2....3, etc.” in the upper right-hand corner, and attach them to the Certification.

I. Sign and date the form.

J. Select whether you are the plaintiff or the defendant.

Form B – Certification in Support of a Motion

Filing Attorney Information or Pro Se Litigant:

Name

NJ Attorney ID Number

Address

Daytime Phone ext. Cell Phone

Email Address

Your Name

(check one) ☐ Plaintiff ☐ Defendant

Superior Court of New Jersey

Plaintiff, (Name as it appears in original caption) Chancery Division-Family Part County v.

Docket Number

Defendant (Name as it appears in original caption)

Civil Action Certification in Support of a Motion (See Below)

I, , of full age, hereby certify:

1. I am the (check one) ☐ plaintiff / ☐ defendant in this matter and I am filing this Certification in support of my Notice of Motion to:

☐ Continuation/Termination of Child Support

☐ Increase/Decrease Child Support payments

☐ Increase/Decrease Alimony payments

☐ Change Custody arrangements

☐ Change Visitation arrangements

☐ Motion for Reconsideration

☐ Enforce Litigants’ Rights

☐ Emancipate a Child

☐ Reimburse Medical Expenses

☐ Change of Venue

☐ Other (specify): .

2. Explanation of facts: (Attach additional sheets of 8.5" x 11" white paper, if necessary.)

a. b.

I certify that the statements made above are true. I am aware that if any of the statements made by me are willfully false, I am subject to punishment by the Court.

Date:

(Signature)

(check one) ☐ Plaintiff ☐ Defendant

Remember to attach all copies of exhibits, orders, case information statements, etc., to this form.

Instructions for Preparing a Proposed Order (Form C)

A. At the top of the form, type or print your Name, Attorney ID Number (if applicable), current Address, Daytime Phone, Cell Phone and Email Address. Enter Your Name and check whether you are the Plaintiff or the Defendant.

You remain the same party as you were in the original complaint filed with the court. If you were the defendant in the original complaint, you are still the defendant in this motion. If you were the plaintiff in the original complaint, you are still the plaintiff in this motion.

B. Enter the names of the plaintiff and defendant on the Plaintiff and Defendant lines, as they appear on the original court order.

C. Enter the name of the County where you are filing this motion. This should be the county where the original case was heard.

D. Enter the case Docket Number as it appears on your original court order.

E. On the line following opened to the court on Friday, fill in the date your motion will be heard. This is the same date that is on your Notice of Motion form (Form A). (See Step 2 on page 10).

F. Check off the type of motion or motions you want the court to consider in the case. If you select Other, please specify what you want the court to do.

G. After filed by, select whether you are the plaintiff or defendant. Leave the space blank after and. The judge will enter name of other party or their lawyer.

H. After appearing on behalf of the, select whether you are the plaintiff or defendant.

I. Enter the date of the hearing before ORDERED THAT:

J. In paragraph 1, state what you want the judge to order the other person to do. Write one relief for each letter paragraph. Include all of the things you asked for in your Notice of Motion. If you need additional space, you may attach an additional 8 ½ x 11 page. Some examples are:

• The child support payments in this case are increased or decreased from $ a week to $ a week;

• The custody status of the minor child is changed because it is in the best interest of the child;

• The parenting time/visitation time is increased from hours per week to hours per week;

• The alimony payments are to be increased or decreased from $ a week to $ a week;

• The child should be emancipated and all support obligations are hereby terminated effective (date).

NOTE: For a Motion to Enforce Litigants’ Rights, leave the relief section blank for the judge to complete.

K. Complete paragraph 2 only if you are filing a motion to increase or decrease child support. If your child support payments are administered through the Probation Division or if you otherwise have a child support account number, type or print that number in paragraph 2. The child support account number begins with the letters “CS.” If your child support payments are not administered by the Probation Division, you won’t have a child support account number. If this is the case, leave this section blank.

Form C - Proposed Order

Filing Attorney Information or Pro Se Litigant:

Name

NJ Attorney ID Number

Address

Daytime Phone ext. Cell Phone

Email Address

Your Name

(check one) ☐ Plaintiff ☐ Defendant

Superior Court of New Jersey

Plaintiff, (Name as it appears in original caption) Chancery Division-Family Part County v. Docket Number

Civil Action Order

Defendant (Name as it appears in original caption)

(See Below)

THIS MATTER being opened to the court on Friday, , on a Notice of Motion to:

☐ Continuation/Termination of Child Support

☐ Increase/Decrease Child Support payments

☐ Increase/Decrease Alimony payments

☐ Change Custody arrangements

☐ Change Visitation arrangements

☐ . Other (specify):.

☐ Motion for Reconsideration

☐ Enforce Litigants’ Rights

☐ Emancipate a Child

☐ Reimburse Medical Expenses

☐ Change of Venue

filed by ☐ plaintiff / ☐ defendant and (leave blank, Judge will enter name of other party or their lawyer) appearing on behalf of the (check one) ☐ plaintiff / ☐ defendant; and the court having read and considered the certifications and other papers filed herein and having heard the arguments and considered the arguments of the parties and for good cause shown; It is now this ORDERED THAT:

1. The ☐ plaintiff / ☐ defendant is hereby ☐ granted / ☐ denied the following relief(s): (See step 5 on page 10)

a.

b.

c.

d.

(Attach additional sheets of 8.5” x 11" white paper if necessary.)

Additional Relief. (Leave these lines blank for the Judge).

2. The County Probation Division responsible for this matter shall make any adjustments to the account (see Instruction for Form D) CS- , required by this order and reissue, if necessary, any income withholding orders.

Instructions for Certification of Filing and Service (Form D)

Include the Certification of Filing and Service (Form D) when you file your motion with the court. You must send or deliver copies of your motion to the other party or the other party’s lawyer in order to have your motion heard by a judge (see Step 5 on page 10 of this packet.). If you are serving this packet to the other party by BOTH certified and regular mail, you must obtain the certified mail number from the Post Office to complete this form. If you are personally delivering this packet to the other party, an accompanying notarized acknowledgement of service signed by the receiving party must be submitted with this packet (Form H).

Form D- Certification of Filing and Service

I hereby certify that the original of the attached Notice of Motion, the original of the attached supporting Certification, and the original and two copies of the Proposed Order are being filed with the Clerk of the Superior Court at the Family Division Manager’s Office. In addition, I certify that I served a copy of this motion (check one)

☐ personally, on the person(s) or attorney(s) listed below.

☐ Notarized acknowledgement of service signed by the other party attached (Form H). (Required if checking the box above.)

☐ by process server, courier service or by an adult neutral third party, on the person(s) or attorney(s) listed below.

☐ Affidavit/Acknowledgement of service attached. (Required if checking the box above.)

☐ by mailing it on this date to the person(s) or attorney(s) listed below by BOTH regular and certified mail.

I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.

(Signature)

(Type or print your name)

(check one) ☐ Plaintiff ☐ Defendant

Instructions for Notice to Litigants (Form E)

IMPORTANT: You must include the Notice to Litigants form in your motion packet (Rule 5:5-4 (d) - Motions in Family Actions). This form gives the other party or the other party’s lawyer important instructions. Read the form carefully. Type or print in the spaces provided, the name, address, city/town, state, and zip code of the county courthouse of the county in which you are filing your motion. This is the same information that is on the first page of the Notice of Motion (Form A).

Form E - Notice to Litigants

If You Want to Respond to This Motion You Must Do So in Writing

This written response shall be by affidavit or certification. Affidavits and certifications are documents filed with the court. In either document, the person signing it swears to its truth and acknowledges that they are aware that they can be punished for not filing a true statement with the court. Affidavits are notarized and certifications are not.

If you would also like to submit your own separate requests in a motion to the judge you can do so by filing a cross-motion. Your response and/or cross-motion may ask for oral argument. That means you can ask to appear before the court to explain your position. However, you must submit a written response even if you request oral argument. Any papers you send to the court must be sent to the opposing side, either to the attorney if the opposing party is represented by one, or to the other party if they represent themselves. Two copies of all motions, crossmotions, certifications, and briefs shall be sent to the opposing side.

The response and/or cross-motion must be submitted to the court by a certain date. All motions must be filed on the Tuesday 24 days before the return date. A response and/or cross motion must be filed fifteen days (Thursday) before the return date. Answers or responses to any opposing affidavits and cross-motions shall be served and filed not later than eight days (Thursday) before the return date. No other response is permitted without permission of the court. If you mail in your papers you must add three days to the above time periods.

Response to motion papers sent to the court are to be sent to the following address: [Fill in the address of the Family Division in the county where this motion was filed. A directory of Family Division offices can be found at njcourts.gov]

Call the Family Division Manager's office: (fill in phone number) ext. if you have any questions on how to file a motion, cross-motion or any response papers. Please note that the Family Division Manager's office cannot give you legal advice.

ONLY complete this form if your child support or alimony payments are administered through the Probation Division. If your child support or alimony payments are not administered through the Probation Division, DO NOT complete this form.

A. Type or print the plaintiff and defendant’s names from your Notice of Motion (Form A). Provide the plaintiff and defendant’s current employer and address.

B. Enter your child support account number. This account number begins with the letters “CS” and should be on your original order.

• Enter the name of each child for which child support has been ordered and their address. Attach additional sheets of 8.5” x 11” white paper, if necessary.

C. Enter each parent’s name and the name of each child. For each person listed, write the date of birth on the line next to DOB, as well as the Social Security Number on the line provided. Attach additional sheets of 8.5" x 11" white paper, if necessary.

D. Provide additional information about licenses that any party may have, or any insurance information, if known.

Form F - Statement for the ____________ County Probation Division

The following information is submitted in compliance with New Jersey Court Rule 5:7-4.

Plaintiff’s name as it appears in the original caption, address and phone number.

Plaintiff’s employer’s name, address and phone number:

Defendant’s name as it appears in the original caption, address and phone number:

Defendant’s employer’s name, address and telephone number:

Child Support Account Number: CS- .

Children’s names and address(es):

Child:

Child:

Child:

Child: (Attach additional sheets of 8.5" x 11" white paper, if necessary.)

Type or print the name, date of birth, and Social Security Number of: (see instruction C)

Parent:

DOB: Social Security #:

Parent: DOB: Social Security #:

Child:

Child:

Child:

Child:

DOB: Social Security #:

DOB: Social Security #:

DOB: Social Security #:

DOB: Social Security #: (Attach additional sheets of 8.5"x 11" white paper, if necessary.)

Type or print the driver’s license information (state and number) of the parent paying child support:

Type or print any professional license held by the parent paying child support, if known. For example: doctor, lawyer, electrician, plumber, hairdresser:

Type or print health insurance provider’s name, address and policy number of the parent paying child support:

A. At the top of the form, type or print your Name, Attorney ID Number (if applicable), current Address, Daytime Phone, Cell Phone and Email Address. Enter Your Name and check whether you are the Plaintiff or the Defendant.

You remain the same party as you were in the original complaint filed with the court. If you were the defendant in the original complaint, you are still the defendant in this motion. If you were the plaintiff in the original complaint, you are still the plaintiff in this motion.

B. Enter the name of the county, the street address, the city, state and zip code for the Superior Court Clerk, Family Part at your county courthouse.

C. Enter the name of the case (Plaintiff v. Defendant).

D. Enter Docket Number of your case as it appeared on the original complaint.

E. Enter the name of the person to whom you mailed/delivered your motion papers on the line provided. If it was the other party, write the party’s name. If it was the other party’s lawyer, write their name.

F. Sign your full name on the signature line.

G. Under the Enclosures: enter the name of the other party’s lawyer (if they received a copy of your motion papers), otherwise write the name of the other party (if the party received your motion papers). Write the name of the county Probation Division if you receive or make child support payments through Probation.

H. Put this letter on top of your motion papers and then mail to the clerk of the Superior Court at your county courthouse or upload the papers through JEDS.

Form G - Letter to the Clerk of the Superior Court

Filing Attorney Information or Pro Se Litigant:

Name

NJ Attorney ID Number

Address

Daytime Phone ext. Cell Phone

Email Address

Your Name

(check one) ☐ Plaintiff ☐ Defendant Superior Court Clerk, Family Part. (county)

(street address)

(city, state, zip code)

RE: (Name of case, Plaintiff v. Defendant)

Docket Number:(Type or print docket number)

Dear Sir or Madam:

Enclosed is an original and one copy of a Notice of Motion and Certification in Support of Motion as well as an original and two copies of the Proposed Order submitted by me in the above matter.

Copies of these documents have been forwarded to . Please mark the copy of the Notice of Motion and Certification “filed” and return them in the enclosed envelope. (If you are filing an FM/matrimonial motion, you must include a $50 check or money order payable to Treasurer, State of New Jersey for filing this motion. All other case types do not require a filing fee.) Thank you for your cooperation in this matter.

Very truly yours,

Signature

Enclosures

Copies to:

Name of other party’s lawyer, if applicable or name of other party

Instructions for Acknowledgment of Personal Service (Form H)

ONLY use this form if you are personally delivering (serving) this motion on the opposing party(ies).

The opposing party, upon whom you are personally serving the attached motion must complete their own information on the Acknowledgement of Personal Service. You will need one Acknowledgement of Personal Service form for each party that you are personally serving with this motion.

A. In the next lines, the person must write in their Name, Address, City, State & Zip Code on the lines provided.

B. Have the opposing party sign and date the form. Make sure to inform them that by signing the form they are acknowledging that they have received the attached Notice of Motion and Certification in Support of the Motion; however, they are also acknowledging that their statements are true and if any are false, they are subject to punishment.

Note that the signature acknowledging receipt of the attached motion must be notarized. The notary public must enter their name, signature and date in the section marked Notary Public.

Form H - Acknowledgment of Personal Service

I hereby certify that I was personally served with an original of the attached Notice of Motion and the original of the attached supporting Certification in Support of Motion.

I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.

Name

Address

City, State, Zip Code

Date Signature

Notary Public

Sworn and subscribed to before me this day of , 20

Notary Public of New Jersey

Signature

PART 4

Filing a response to a divorce complaint

IMPORTANT NOTICE

These forms are part of Volunteer Lawyers for Justice’s free Divorce Clinic. If you got the forms outside of the clinic, you can call to see if you qualify for service at (973) 645-1955. These forms and instructions are provided to help self-represented people in New Jersey to be able to file for or respond to a divorce. These packets are NOT intended to provide you with complete information about all of your rights or responsibilities in your case.

You are representing yourself in your case. You are solely responsible for meeting all timelines in your case. If you have questions about your divorce, you should contact an attorney. The Essex County Bar Association Lawyers Referral Service has attorneys who will charge a reduced consultation fee. Their phone number is (973)622-6204.

The Essex County Dissolution Unit’s office is located in the Wilentz Justice Complex, 212 Washington Street, Room 1207, Newark NJ 07102.

Should you need to contact the Dissolution Unit for any questions regarding your case, their new General Information phone number is 973-776-9300 ext. 57040.

More information can also be found online at https://www.njcourts.gov/selfhelp/selfhelp_divorce.html

SELF-HELP DIVORCE INSTRUCTIONS

General Instructions

Thank you for your interest in Volunteer Lawyers for Justice’s (VLJ) self-help divorce clinic. You are responsible for handling your own case; you will not have an attorney representing you in this matter. In the attached packet you will find instructions and forms for filing a responsive pleading in a divorce case

• Read carefully through the instructions in this packet before you start filling out any forms.

• It is your responsibility to complete this packet. The volunteers at the clinic will not fill out this packet for you.

• PLEASE PRINT NEATLY ON ALL DOCUMENTS TO AVOID HAVING YOUR COMPLAINT RETURNED BY THE COURT CLERK’S OFFICE.

• Court forms are repetitive. Try not to become frustrated with how often you need to write out your name and address.

• A responsive pleading means that you are filing a response to the divorce complaint. You can file an Answer or an Answer and Counterclaim.

• “Pro se” means that you are representing yourself in your case.

• The person filing a response in the case is the “Defendant” and the other spouse is the “Plaintiff.”

• When looking at court forms you can locate the name of the document by looking to the top right portion of the first page of each form. This heading is called the CAPTION. The name of the form in this sample caption on the next page is “Answer” or “Answer and Counterclaim.”

Jane Doe (NAME)

123 Essex Avenue, Apt. 123 (ADDRESS) Newark, NJ 12345 (CITY, STATE, ZIP) 973973-555-1234 (PHONE)

Pro Se Plaintiff

(Your Spouse’s First and Last Name)

John Doe, Plaintiff vs.

Jane Doe,

(Your First and Last Name)

Defendant

SUPERIOR COURT OF NEW JERSEY CHANCERY DIVISION: FAMILY PART ESSEX COUNTY

DOCKET NO. FM – 07 -1234-19 CIVIL ACTION

 ANSWER or  ANSWER AND COUNTERCLAIM

(Check one)

• Our volunteers are here to help you. You should start filling out the forms the best you can. If you have questions, raise your hand and a volunteer or VLJ staff member will come to assist you.

• As a reminder, these are the forms that you will need to get your case started. These forms alone will not finalize your divorce. Depending upon the issues in your divorce, your case will follow two very different tracks the settlement track or the trial track.

• This clinic is designed to have you come back after your case is scheduled for a case management conference so that we can assist you with the later steps of the divorce.

• If you have questions during the process, you can call VLJ at 973-645-1955.

SELF-HELP DIVORCE INSTRUCTIONS (Essex County)

Part 4: Filing a Response to a Divorce Complaint

If you were served with a Summons and divorce Complaint you only have 35 calendar days to respond. Your written response must be filed with the court and served upon your spouse or spouse’s attorney.

This packet includes the following forms:

 FORM 4A – Answer or Answer and Counterclaim

 FORM 4B – Certification and Verification of Non-Collusion

 FORM 4C – Certification of Service

 FORM 4D – Certification of Insurance

 FORM 4E– Rule 5:4-2(h) Certification by Self-Represented Litigant

 FORM 4F – Confidential Litigant Information Sheet

 FORM 4G – Filing Fee Waiver Request

 FORM 4H– Case Information Statement

 FORM 4I – Cover letter to the court clerk

Step 1: Fill out the forms for your response

• You will first need to decide if you should file an Answer or Answer and Counterclaim (Form 4A). This form asks you to “admit” or “deny” the things your spouse wrote in each paragraph of the divorce complaint. If you agree with the paragraph (for example, “The plaintiff was married to the defendant on December 1, 1997 in Newark, NJ) then check “admit.” If you disagree, check “deny.” You should do this for each numbered paragraph in the divorce complaint.

• If you would like the court to make additional orders, for example, you would like alimony, custody of your children, or half of your spouse’s pension, you need to let the court and your spouse know by filing a “counterclaim.” If you are asking the court to make additional orders, on page 2, check the box named “counterclaim for divorce.” You will need to give the court facts about your case and write out what else you want (support, property, custody or parenting time with your children.)

• After you fill out Form 4A, you should fill out Forms 4B-4F.

Step 2: Filing fee or fee waiver

Filing fee:

• A filing fee of $175.00 is payable by cash, check, or money order payable to Treasurer, State of New Jersey

• If you have a minor child (under 18) with your spouse, there is an additional $25.00 fee for a mandatory parenting class; your fees will be $200.00 in total.

OR

Fee waiver (FORM 4G):

• You may qualify for a fee waiver if your income is below 150% of the federal poverty level

• Complete FORM 4G – Filing Fee Waiver Request

• Attach a copy of:

o Two months of income. Proof of income includes:

 Social Security award letter

 Public assistance award letter

 W-2

 Last 3 paystubs from employment or unemployment

o Six months of bank statements (all bank accounts)

• Make ONE copy of completed FORM 4G and attachments

Step 3: File your documents with the court

• Prepare a large (9”x12”) self-addressed stamped envelope

• Make two copies of FORMS 4A-4F if you are filing an Answer OR Answer and Counterclaim

• Enclose:

o The original and one copy of FORMS 4A-4F

o The cover letter to the court clerk FORM 4J

o Your filing fee (do not mail cash) OR the original and one copy of FORM 4G

o The self-addressed stamped envelope with $1.75 postage.

o Keep one copy for your records

• Form 4F is required to be filed with the court but you do NOT need to give a copy to your spouse. Please complete it fully.

• Mail your documents to:

Superior Court of New Jersey – Finance Room 111, 1st Floor

Wilentz Justice Complex

212 Washington Street

Newark, NJ 07102

• Mail copies of FORMS 4A – 4E to your spouse (or spouse’s attorney) by regular and certified mail, return receipt requested. If you are not familiar with this type of mailing, ask the postal clerk at the post office what forms you will need to complete. You should note, certified mail, return receipt requested will add another $6.35 onto your postage

• You do not need to send your spouse a copy of Form 4F

• Keep a copy of your return receipt

Step 5: Wait for the court to file your pleadings

• Wait for the clerk to return your copy of the divorce documents dated and marked “FILED”

• You should receive your documents in 1-2 weeks

• If you have not received your filed copy after 2 weeks, call the clerk’s office at 908-527-4787

• The clerk may ask your name, date of birth, address, and/or social security number

• The clerk will schedule your case for a case management conference before a judge

Step 6: Case Information Statement

• Complete FORM 4H

• Both parties are required to complete the Case Information Statement (CIS). The CIS can take several hours to complete. You are required to attach certain documents to your CIS, including: your paystubs, W-2, last filed tax returns, prior court orders, certification of insurance, documentation about any assets, proof of bills or debts. See page 10 of the CIS for a complete list of the documents you are required to attach

• Your CIS is due to the clerk’s office within 20 days from the date your Answer is stamped filed. However, you may file your completed CIS when you file your Answer.

• You must provide your spouse or his/her attorney with a copy of your CIS

• Likewise, your spouse or his/her attorney must provide you with copies of his/her CIS

Step 7: Case Management Conference

• Your case will be assigned to a judge for review

• You and your spouse (or spouse’s attorney) will receive a notice from the judge’s chambers about attending a case management conference

• The notice will outline what documents you and your spouse (or spouse’s attorney) must return to the court. The judge will request that both parties provide copies of their most recently filed CIS. These documents must be provided at least 10 days prior to the case management conference

• The judge may require both parties to submit a position statement (written statement) about the outstanding issues in the case

• You must provide your spouse or his/her attorney with a copy of your position statement if you send one

• Likewise, your spouse or his/her attorney must provide you with copies of his/her position statement

• All parties are required to attend the case management conference

Need additional help?

If you need help with the next part of your divorce case call VLJ at 973-645-1955 to find out the next clinic date.

As a reminder, you are representing yourself in this case and you are solely responsible for meeting all court deadlines.

_____________________________ (NAME) (ADDRESS)

_________________________ (CITY, STATE, ZIP)

_____________________________ (PHONE)

(Your spouse’s first and last name)

Pro Se Defendant _______________________, Plaintiff vs. _______________________,

(Your first and last name)

Defendant

(Your address)

(Your first and last name)

SUPERIOR COURT OF NEW JERSEY CHANCERY DIVISION: FAMILY PART ESSEX COUNTY

DOCKET NO. FM – 07 -_________________

CIVIL ACTION

 ANSWER or  ANSWER AND COUNTERCLAIM

(Check one)

Defendant, _ ____________, currently residing at _________________ , New Jersey, by way of Answer to Plaintiff’s complaint says:

1. I  Admit  Deny (check one) the allegations contained in paragraph 1.

2. I  Admit  Deny (check one) the allegations contained in paragraph 2.

3. I  Admit  Deny (check one) the allegations contained in paragraph 3.

4. I  Admit  Deny (check one) the allegations contained in paragraph 4.

5. I  Admit  Deny (check one) the allegations contained in paragraph 5.

6. I  Admit  Deny (check one) the allegations contained in paragraph 6.

7. I  Admit  Deny (check one) the allegations contained in paragraph 7.

8. I  Admit  Deny (check one) the allegations contained in paragraph 8.

9. I  Admit  Deny (check one) the allegations contained in paragraph 9.

10. I  Admit  Deny (check one) the allegations contained in paragraph 10.

11. I  Admit  Deny (check one) the allegations contained in paragraph 11.

12. I  Admit  Deny (check one) the allegations contained in paragraph 12.

13. I  Admit  Deny (check one) the allegations contained in paragraph 13.

14. I  Admit  Deny (check one) the allegations contained in paragraph 14.

15. I  Admit  Deny (check one) the allegations contained in paragraph 15.

WHEREFORE, Defendant demands judgment dismissing Plaintiff’s complaint.

 COUNTERCLAIM FOR DIVORCE (IRRECONCIABLE DIFFERENCES)

Check the box listed above if you have a counterclaim.

1.The Defendant was lawfully married to Plaintiff on __________________, in a (check one)  civil or  religious ceremony in ____________________ .

(Date of marriage) (City and state where you were married)

2. Defendant was a bona fide resident of the State of New Jersey when this cause of action arose, and has ever since and for more than one year preceding the commencement of this action continued to be such a bona fide resident.

3. The plaintiff resides at

(Your spouse’s address – include city and state)

4. Defendant resided at ______________________________________________ , when this action arose.

(Your address – street, city and state)

5. Irreconcilable differences have arisen, which have caused the breakdown of the marriage for a period of six (6) months, which make it appear that the marriage should be dissolved and that there is no reasonable prospect of reconciliation.

6. Child(ren) (check one)  were OR  were not born or adopted with your spouse

Name of child

Date of birth Child is in the custody of:

Has the child lived in NJ for the past six (6) months?

 YES or  NO

 YES or  NO

 YES or  NO

 YES or  NO

 YES or  NO

7. There have been no previous proceedings between the parties regarding the marriage, maintenance, or its dissolution in any court except for (i.e. child support, alimony, domestic violence, previous divorce filings, etc). Please list all docket numbers and types of matters:____________________________________________

8. During the course of the marriage the parties (check one)  did not acquire OR  did acquire property, real and/or personal, and/or debts, which are subject to equitable distribution.

WHEREFORE, Defendant demands judgment (check all that apply):

 Dissolving the marriage between the parties.

 Awarding sole / joint legal custody of the minor child(ren) of the marriage to __.

(Plaintiff or Defendant)

 Awarding sole /joint physical custody of the minor child(ren) of the marriage to __________________________.

(Plaintiff or Defendant)

 Granting parenting time of the minor child(ren) to _________________________.

(Plaintiff or Defendant)

 Compelling the _______________ to support the child(ren) of the marriage. In (Plaintiff or Defendant) accordance with NJSA 2A:17-56.7a et seq., the child support provisions of a Court Order are subject to income withholding on its effective date. The income withholding is effective upon all types of income, including wages from current and future employment.

 Continuing current award for child support pursuant to docket number:___________________________________________________.

 Directing __ ____ to provide medical insurance coverage for the (Plaintiff or Defendant) child(ren).

 Directing ___ to name the child(ren) as irrevocable beneficiary on (Plaintiff or Defendant) any work related life insurance coverage that may be obtained, and name the plaintiff as irrevocable trustee.

 Directing _____ ___ to contribute, according to his or her means, to any (Plaintiff or Defendant) future educational costs of the child(ren).

 Ordering ____ to pay alimony to __________________. (Plaintiff or Defendant) (Plaintiff or Defendant)

 Ordering the equitable distribution of all property and/or debts which were legally and beneficially acquired by the parties during the course of the marriage.

 Permitting ________________ to resume her maiden name of ______________________.

(Plaintiff or Defendant)

 Other relief:

 Other relief:

 For such other relief as the Court deems equitable and just.

Date: _______________

Defendant, Pro Se (Your signature)

Defendant, Pro Se (Print your name)

Certification of Verification and Non-Collusion

1. I am the Defendant in the foregoing Answer and Counterclaim. The allegations contained in the Answer and Counterclaim are true to the best of my knowledge, information and belief. The said Answer and Counterclaim is made in truth and good faith and without collusion for the causes set forth therein.

2. The matter in controversy in the within action is not the subject of any other action pending in any Court or pending arbitration proceeding, nor is any such court action or arbitration proceeding presently contemplated.

3. There are no other persons who should be joined in this action at this time.

4. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.

Date: __

(Defendant’s signature) Defendant Pro Se

(Your name)

CERTIFICATION OF SERVICE

I, ______________________________________, of full age, certify that a copy of the foregoing Answer and/or Counterclaim, together with all supporting exhibits have been forwarded to the Clerk of the Superior Court, Chancery Division, Family Part, Essex County, Dissolution Unit, 212 Washington Street, Newark New Jersey, 07102 and served by regular and certified mail on upon the Plaintiff, __________ at the following address:

(Date)

(Plaintiff’s name)

(Plaintiff’s name)

(Address)

(Apartment/ Unit Number)

(City, State, Zip Code)

I certify that the foregoing was served in the manner and time prescribed by the Rules of Court.

Date:

(Defendant’s signature) Defendant Pro Se

_____________________________ (NAME) (ADDRESS)

_________________________ (CITY, STATE, ZIP)

_____________________________ (PHONE)

Pro Se Defendant

(Your spouse’s first and last name)

Plaintiff vs.

(Your first and last name)

Defendant

SUPERIOR COURT OF NEW JERSEY CHANCERY DIVISION: FAMILY PART ESSEX COUNTY

DOCKET NO. FM – 07 -_________________

CIVIL ACTION

CERTIFICATION OF INSURANCE PURSUANT TO R. 5:4-2(f)

I, ________________________________ being of full age, hereby certify: (Your name)

1. I am the defendant in the foregoing Answer and/or Counterclaim for Divorce. To the best of my knowledge and belief, the insurance coverage within this Certification represents all insurance coverage of myself, my spouse and our children in this matter.

2. To the best of my knowledge and belief, none of the insurance coverage listed within this Certification was canceled or modified within the ninety days before the date of this Certification.

(Fill out all applicable sections. If not applicable, write in “not applicable”)

LIFE INSURANCE

Name of Company: Address: __________________________________

Policy Number: Beneficiary: _

Face Amount: _______________________ Name of Insured: ___________________________

Policy Owner: Policy Term (if applicable):

HEALTH INSURANCE

Name of Insured: _________________________ Name of Company:

Address: ______________________________________________________________________

I.D. Number: Group Number: _________________________

Coverage Type:  Single  Parent- Child  Family  Optical

 Hospital  Diagnostic  Drug  Dental  Major Medical

Check if made available through  employment  personally obtained

AUTOMOBILE INSURANCE

Name of Company:

Address of Company:

Policy Number: _________________________________

Policy Expiration Date: Make of Vehicle:

Model of Vehicle: Year of Vehicle:

Coverage Limits:

Lawsuit Threshold  Yes  No

Umbrella Coverage:

Driver(s) of Vehicle:

Lien holder/Lessor (if applicable):

Umbrella Coverage  Yes  No

Address of Lien holder/Lessor: ___________________________________________

Use of Vehicle:  Personal  Business  Personal and Business

HOMEOWNER’S OR RENTAL INSURANCE

Name of Company:

Address of Company:

Policy Number: Policy Expiration Date: _

Address of Covered Residence:

Coverage Limits:

Umbrella Coverage  Yes  No

Mortgagee (if applicable):

Address of Mortgagee:

Umbrella Coverage: $_________________

Rider(s) to Policy:  Jewelry  Furs  Artwork  Other

I certify that all of the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.

Dated: _____________

(Defendant’s signature) Defendant Pro Se

Appendix XXVII-B

Certification of Notification of Complementary Dispute Resolution Alternatives -- Certification by Self-Represented Litigant

SUPERIOR COURT OF NEW JERSEY CHANCERY DIVISION - FAMILY PART ___________________ COUNTY DOCKET NO. FM-___________________

Plaintiff, v.

Defendant

CIVIL ACTION

RULE 5:4-2(h) CERTIFICATION BY SELF-REPRESENTED LITIGANT __________________________, of full age, hereby certifies as follows:

1. I am the Plaintiff Defendant in the above captioned matter.

2.I make this Certification pursuant to New Jersey Court Rule 5:4-2(h).

3.I have read the document entitled “Divorce -- Dispute Resolution Alternatives to Conventional Litigation”.

4.I thus have been informed as to the availability of complementary dispute resolution alternatives to conventional litigation.

I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.

Dated:

DIVORCE – DISPUTE RESOLUTION ALTERNATIVES TO CONVENTIONAL LITIGATION *

[Text Promulgated 12/04/06 as Approved by the Supreme Court]

Resolving issues concerning your divorce can be costly and difficult. While only a judge can actually grant a divorce, division of your property and your debts, alimony, child support, custody and parenting time are some of the other issues that may need to be resolved. A judge can decide all issues at trial. However, there are other ways to resolve many of the issues in your divorce. These alternate dispute resolution methods offer greater privacy than resolving the issues in a public trial. They also may be faster and less expensive, and may reduce the level of conflict between you and your spouse during your divorce. You are encouraged to discuss alternative dispute resolution with your lawyer to decide whether these alternate methods may help you and your spouse resolve as many of the issues relating to your divorce as possible before the matter is presented to the judge.

What follows are short descriptions of various forms of alternative dispute resolution that may be used in divorce cases.

**

MEDIATION

Mediation is a means of resolving differences with the help of a trained, impartial third party. The parties, with or without lawyers, are brought together by the mediator in a neutral

* This constitutes the “descriptive material” referenced in Rule 5:4-2(h) that each divorce litigant must receive and certify as having received (using the attached certification forms).

** Note: The adoption of Rule 5:4-2(h) and the promulgation of this descriptive material is in no way intended to indicate any change in the Court’s policy, grounded in statutes and court rules, against mediation in any matter in which a temporary or final restraining order has been entered pursuant to the Prevention of Domestic Violence Act.

setting. A mediator does not represent either side and does not offer legal advice. Parties are encouraged to retain an attorney to advise them of their rights during the mediation process. The mediator helps the parties identify the issues, gather the information they need to make informed decisions, and communicate so that they can find a solution agreeable to both. Mediation is designed to facilitate settlements in an informal, non-adversarial manner. The court maintains a roster of approved mediators or you can use private mediation services. The judge would still make the final determination as to whether to grant the divorce.

ARBITRATION

In an arbitration proceeding, an impartial third party decides issues in a case. The parties select the arbitrator and agree on which issues the arbitrator will decide. The parties also agree in advance whether the arbitrator’s decisions will be binding on them or instead treated merely as a recommendation. While an arbitrator may decide issues within a divorce case, the judge would still make the final determination as to whether to grant the divorce.

USE OF PROFESSIONALS

Parties in a divorce may also seek the assistance of other skilled professionals to help resolve issues in a case, such as attorneys, accountants or other financial professionals, and various types of mental health professionals (e.g., psychiatrists, psychologists, social workers, therapists). These professionals may help the parties resolve all of the issues or just specific portions of the case. As with mediation and arbitration, parties making use of these professionals to resolve issues in the divorce are encouraged to consult their attorney for advice

throughout this process. While this approach may resolve some issues in the case, the judge would still need to make the final decision to grant the divorce.

COMBINATIONS OF ALTERNATIVES

Depending on your circumstances, it may be helpful for you to use a combination of mediation, arbitration, and skilled professionals to resolve issues in your divorce.

CONCLUSION

Just as every marriage is unique, every divorce is unique as well. The specific circumstances of your divorce determine what method or methods of dispute resolution are best suited to resolve issues in your divorce. You are encouraged to ask your attorney about these alternative dispute resolution methods to resolve issues relating to your divorce.

Using these alternative dispute resolution methods allows you to participate in the decision on those issues, rather than leaving all of the issues to the judge to decide. And presenting the judge with a case in which the only decision remaining is whether to grant the divorce will permit that decision to be made more expeditiously. While the judge must be the one to decide whether to grant the divorce, your role in deciding some or all of the other issues can be enhanced through these alternative dispute resolution methods.

New Jersey Judiciary

Confidential Litigant Information Sheet (R. 5:4-2(g))

To assure accuracy of court records - To be filled out by Plaintiff, or Defendant, or Attorney Collection of the following information is pursuant to N.J.S.A. 2A:17-56.60 and R. 5:7-4.

Confidentiality of this information must be maintained

Please complete the entire form, leaving no blank spaces. If something does not apply to you, enter “N/A”. This form is confidential and will not be shared with the other party.

Docket Number: CS Number: Do you have an active Domestic Violence Order with the other party in this case? Yes No

Plaintiff Defendant

Coverage for Children - available through parent filling out this form ( Plaintiff / Defendant) Health

I certify that the foregoing statements made by me are true to the best of my knowledge. I am aware that if any of the foregoing statements made by me are wilfully false, I am subject to punishment. Date Signature

Revised: 10/2012, CN 10486

General- Fee Waiver

How to File for a Fee Waiver - All Courts

Who Should Use This Packet?

You should use this packet if you believe that you cannot afford to pay the filing fees in your case. This form may be used when applying for a fee waiver in the Supreme Court, Appellate Division, Superior Court and Tax Court. This request is based upon your financial need. It requires the submission of financial records/documents in order for a judge to determine if your filing fees should be waived. This request can be filed by any party prior to and at any point during the lawsuit, except where a party is requesting a waiver of filing fees for the Supreme Court and Superior Court, Appellate Division.

Please note that Rule 1:5-6 directs the clerk of the court to return papers as “received, but not filed,” when they are not accompanied by the required filing fee. For this reason, the filing fee or application to waive filing fee should accompany any filing that requires a fee. This packet explains how to file this request.

Legal Services of New Jersey and the associated regional programs, as well as public interest or legal services organizations, law school clinical or pro bono programs which have been certified by the Court pursuant to Rule 1:21-11 for fee waiver status are exempt from filing fees and are not required to make a request for a fee waiver.

Where the person filing these forms is requesting a waiver of fees in the Superior Court, Appellate Division, the application must first be made in the trial court pursuant to Rule 2:7-1. If the request is denied in the trial court, within 20 days, the person requesting the fee waiver may then apply for a fee waiver in the Appellate Division. If the person is requesting a waiver of fees in an appeal of an administrative agency determination, the application must be filed in the Appellate Division. For questions related to where the application should be filed, please contact the Superior Court Clerk’s Office at (609) 421-6100.

With limited exceptions, any paper filed with the court can be looked at by the public upon request. You may only file this request on behalf of yourself and not for anyone else. A Power of Attorney does not allow you to file on behalf of anyone else.

In the trial courts, if you are granted a fee waiver and are awarded more than $2,000 in that same matter, you will be responsible to repay any and all fees waived by the court, as determined by court order.

Please follow the instructions included in this packet and make sure that all documents in support of this request are attached. You will be required to complete the following:

• Form A – Certification/Petition/Application in Support of Fee Waiver. Attach your financial records/documentation to the Certification/Petition/Application

• Form B – Order Waiving Filing Fees

Your fee waiver application may not be granted if you do not include all required income documentation. The court may request additional income verification, including but not limited to, state and federal tax returns and other sources of income. Keep a copy of whatever you file with the Court for your own records.

Note: These materials have been prepared by the New Jersey Administrative Office of the Courts for use by self-represented litigants. The instructions and forms will be periodically updated as necessary to reflect current New Jersey statutes and court rules. The most recent version of the forms will be available on the Judiciary’s Internet site njcourts.gov. However, you are ultimately responsible for the content of your court papers.

Completed forms for the Supreme Court, Appellate Division and Tax Court are to be submitted to the respective Clerk’s Office.

Completed forms for the Superior Court are to be submitted to the courthouse in the county where you are going to file your case or where the case is already filed. A listing of the courthouses is available at njcourts.gov.

For questions related to where the application should be filed, please contact the Superior Court Clerk’s Office at (609) 421-6100.

The numbered steps below tell you what forms you will need to fill out and what to do with them. Each form should be typed or printed clearly on 8 ½” x 11” white paper only. Forms may not be filed on a different size or color paper.

Steps for Filing a Fee Waiver

STEP 1 Complete the Certification/Petition/Application in Support of a Fee Waiver (Form A).

The Certification/Petition/Application in Support of a Fee Waiver tells the court the reasons why you want the fee waiver and the facts supporting why the court should grant your request. In the Certification/Petition/ Application you will make a disclosure of your financial and employment situation.

All fee waiver applications must be filed at the courthouse or appropriate Clerk's office where you are going to file your case or where the case is already filed. A complete list of courthouses can be found at the Judiciary’s website: njcourts.gov.

STEP 2 Complete the proposed form of Order (Form B)

Fill in the information at the top of the page up to where you identify yourself as a plaintiff or defendant. Leave the line for the date of the Order and the rest of the form blank. The terms

of the Order will be completed by the judge when the application is decided.

STEP 3 Check Your Completed Forms and Make Copies

Check your forms and make sure they are complete. Remove all instruction sheets. Make sure you have signed the forms whe re you are asked to sign them.

STEP 4 Mail or Deliver Form A

(Certification/Petition/Application in Support of a Fee Waiver), Form B (Proposed Form of Order) and all documentation to the Court. You are required to provide a copy of Forms A and B to the court. Please black out all personal and confidential information, such as Social Security numbers, driver’s license numbers, vehicle plate numbers, insurance policy numbers, active financial account numbers or active credit card numbers.

A complete list of Clerk’s Offices and courthouses can be found at the Judiciary’s site njcourts.gov.

Instructions for Completing Form A

1. At the top left of the form enter your name(s), address(es) and phone number(s). If you have an e-mail address(es), include that as well.

2.On the line labeled Plaintiff(s)/Appellant(s), type or print the plaintiff’s name(s). The plaintiff is the person or business entity who files the complaint in a lawsuit. An appellant is the person or business entity requesting the appeal. Business entities requesting a fee waiver are required to be represented by an attorney pursuant to Rule 1:21-1(c).

3.On the line labeled Defendant(s)/Respondent(s), enter the name(s) of the defendants listed on the complaint. The defendant is the person or business entity being sued. A respondent is the person defending the appeal.

4.On the line labeled County, enter the county where the case is filed (only if applying for a fee waiver in the Superior Court).

5.On the line labeled Docket Number, enter the docket number, if one has been assigned. This information can be found if a complaint was served on you or if an appeal has been filed.

6.Enter your name(s) on the line that says “I/We, , am/are the” and then select the appropriate box where it says “plaintiff(s)/appellant(s)/defendant(s)/respondent(s) in the above-captioned matter.)”

7. In item #2, select the appropriate box as to whether or not you are an inmate on the line that says “I/We (am/am not/are/are not) an inmate in State prison or County Jail.”

8.For item #3, select the appropriate box(es) if you have been determined eligible for Public Assistance and/or Social Security Disability. You must provide your most recent award statement as proof of eligibility.

Attach copies of all requested information as indicated on this form. You must include the last three digits or numbers of any documents referenced below. However, you must also certify that you have removed or blacked out the remaining numbers or digits (confidential personal identifiers) from any of the following documents filed with the court:

• Social Security numbers,

• driver’s license numbers,

• vehicle plate numbers,

• insurance policy numbers,

• active financial account numbers or

• active credit card numbers.

Do not redact (black out) any information in the original papers that you are keeping (such as a bank statement) since you may have to show them to the court at some point.

9.For item #4, enter the number of dependents you support, if applicable. Do not include yourself.

10. In item #5, select the box where is says “I/we am/am not/are/are not claimed as a dependent…”

11.Enter your employer’s name and information in the box that says “Employer’s Name, Address and Telephone Number.”

12.Fill in the financial information requested in the box. The judge requires your asset information and how much money you receive monthly from all sources.

13. Date, print and sign your name. Note: When you sign this form, you are certifying that the statements made on the form are true. If you willfully make false statements, you may be subject to punishment.

NOTICE: This is a public document. Do not enter personal identifying information on it, such as your full Social Security number, driver’s license number, insurance policy number, vehicle plate number or active financial account or credit card number. This document as submitted will be available to the public upon request.

Name

Address

Telephone Number

Email Address Court of New Jersey County (if applicable) , Docket Number: Certification/Petition/Application in Support of a Fee Waiver

Plaintiff(s)/Appellant(s), v. , Defendant(s)/Respondent(s)

I/We, , am/are the ( plaintiff(s)/ appellant(s)/ defendant(s)/ respondent(s)) in the above-captioned matter and I/we make this certification in support of my/our request for a filing fee waiver pursuant to Rule 1:13-2 or Rule 2:7-1.

1. I/We am requesting this relief because I/we do not have sufficient funds or assets with which to pay the filing fees associated with this action.

2. I/We, am/ am not/ are/ are not an inmate in State prison or County Jail.*

*Attachments necessary: If you are a state prison or county jail inmate, you must attach a certified copy of your prisoner’s fund account statement from the appropriate correctional institution for the six months immediately preceding the date of this application. If you are requesting a waiver of the partial filing fee requirement set forth in N.J.S.A. 30:4-16.3, you must attach an affidavit of special circumstances.

3. I have been determined to be eligible for one or more of the following: (Check applicable boxes)

Public Assistance (please provide your most recent award statement as proof of eligibility); Social Security Disability (please provide your most recent award statement as proof of eligibility)

4. Below is an accurate and full disclosure of my financial situation. I financially support dependents (not including myself). (A dependent is an individual who is a child or relative who resides in the home and relies you for more than half of his/her support for any given calendar year)

Attachments necessary:

Provide two months of documentation for the following:

• Welfare, Public Assistance, Unemployment, Disability, Social Security, Child Support/Alimony, other income.

Provide six months of bank statements for the following:

• All bank accounts.

5. I/we am/ am not/ are/ are not claimed as a dependent on someone else’s tax return

Employer’s Name, Address and Telephone Number:

Complete the Following Information:

6. I/We understand that I/we am/are under a continuing obligation to notify the court of a change in my financial situation

I/We certify that the foregoing statements made by me/us are true. I/We am/are aware that if any of the foregoing statements made by me/us are willfully false, I/we am/are subject to punishment.

I/We further certify that in accordance with Court Rule 1:38-7(b) all confidential personal identifiers have been redacted and that subsequent papers submitted to the court will not contain confidential personal identifiers.

Date

Print your name(s)

Signature(s)

Instructions for Completing Form B

1. At the top left of the form enter your name(s), address(es) and phone number(s). If you have an email address(es), include that as well.

2. On the line labeled Plaintiff(s)/Appellant(s), type or print the plaintiff’s name. The plaintiff is the person or business entity who files the complaint in a lawsuit. An appellant is the person or business entity requesting the appeal. Business entities, other than sole proprietorships, requesting a fee waiver are required to be represented by an attorney pursuant to Rule 1:21-1(c).

3. On the line labeled Defendant(s)/ Respondent(s) enter the name(s) of the defendants listed on the complaint. The defendant is the person or business entity being sued. A respondent is the person defending the appeal.

4. On the line labeled County, enter the county where the case is filed (only in the Superior Court.)

5. On the line labeled Docket Number, enter the docket number, if one has been assigned. This information can be found if a complaint was served on you or if an appeal has been filed.

6. Enter your name(s) and if you are the plaintiff(s)/appellant(s) or defendant(s)/respondent(s) on the line that says “application of (plaintiff(s)/appellant(s)/defendant(s)/respondent(s)).”

7. DO NOT fill out anything that appears under the text “For Court Use Only.” The judge will complete the remaining information.

NOTICE: This is a public document. Do not enter personal identifying information on it, such as your full Social Security number, driver’s license number, insurance policy number, vehicle plate number or active financial account or credit card number. This document as submitted will be available to the public upon request

Name Address

Telephone Number

Email Address Court of New Jersey County (if applicable) , Docket Number:

Plaintiff(s)/Appellant(s), v. , Defendant(s)/Respondent(s)

Order Waiving Filing Fees

This matter having been brought before the court on application of , ( plaintiff(s)/ appellant(s)/ defendant(s)/ respondent(s)) for an Order waiving filing fees pursuant to Rule 1:13-2 or Rule 2:7-1, and the Court having considered the moving party’s financial information, the matter and for good cause appearing:

(Do not write below this line, For Court Use Only)

It is on this day of , 20 , ORDERED that the application for a fee waiver is Granted Denied

Appendix V

Family Part Case Information Statement

This form and attachments are confidential pursuant to Rules 1:38-3(d)(1) and 5:5-2(f)

Attorney(s):

Office Address:

Tel. No./Fax No.

Attorney(s) for:

SUPERIOR COURT OF NEW JERSEY CHANCERY DIVISION, FAMILY PART Plaintiff, COUNTY vs.

DOCKET NO.

Defendant. CASE INFORMATION STATEMENT OF

NOTICE: This statement must be fully completed, filed and served, with all required attachments, in accordance with Court Rule 5:5-2 based upon the information available. In those cases where the Case Information Statement is required, it shall be filed within 20 days after the filing of the Answer or Appearance. Failure to file a Case Information Statement may result in the dismissal of a party’s pleadings.

INSTRUCTIONS:

The Case Information Statement is a document which is filed with the court setting forth the financial details of your case. The required information includes your income, your spouse's/partner's income, a budget of your joint life style expenses, a budget of your current life style expenses including the expenses of your children, if applicable, an itemization of the amounts which you may be paying in support for your spouse/partner or children if you are contributing to their support, a summary of the value of all assets referenced on page 8 – It is extremely important that the Case Information Statement be as accurate as possible because you are required to certify that the contents of the form are true. It helps establish your lifestyle which is an important component of alimony/spousal support and child support.

The monthly expenses must be reviewed and should be based on actual expenditures such as those shown from checkbook registers, bank statements or credit card statements from the past 24 months. The asset values should be taken, if possible, from actual appraisals or account statements. If the values are estimates, it should be clearly noted that they are estimates.

According to the Court Rules, you must update the Case Information Statement as your circumstances change. For example, if you move out of your residence and acquire your own apartment, you should file an Amended Case Information Statement showing your new rental and other living expenses.

It is also very important that you attach copies of relevant documents as required by the Case Information Statement, including your most recent tax returns with W-2 forms, 1099s and your three (3) most recent paystubs.

If a request has been made for college or post-secondary school contribution, you must also attach all relevant information pertaining to that request, including but not limited to documentation of all costs and reimbursements or assistance for which contribution is sought, such as invoices or receipts for tuition, board and books; proof of enrollment; and proof of all financial aid, scholarships, grants and student loans obtained.

Part A - Case Information:

Date of Statement

Date of Divorce, Dissolution of Civil Union or Termination of Domestic Partnership (post-Judgment matters)

Date(s) of Prior Statement(s)

Issues in Dispute:

Cause of Action

Custody

Parenting Time

Alimony

Child Support

Equitable Distribution

Your Birthdate Counsel Fees

Birthdate of Other Party Anticipated College/Post-

Date of Marriage, or entry into Civil Union or Domestic Partnership

Date of Separation

Date of Complaint

Does an agreement exist between parties relative to any issue?

Secondary Education Expenses

Other issues (be specific)

No. If Yes, ATTACH a copy (if written) or a summary (if oral). 1.Name

2.Name, Address, Birthdate and Person with whom children reside:

Part B - Miscellaneous Information:

1. Information about Employment (Provide Name & Address of Business, if Self-employed)

4. Additional Identification:

Confidential Litigant Information Sheet: Filed Yes No

5. ATTACH a list of all prior/pending family actions involving support, custody or Domestic Violence, with the Docket Number, County, State and the disposition reached. Attach copies of all existing Orders in effect.

Part C. - Income Information:

Complete this section for self and (if known) for other party. If W-2 wage earner, gross earned income refers to Medicare wages.

1.Last Year’s Income

3.

Income Taxes paid on income (Fed., State, F.I.C.A., and S.U.I.). If Joint Return, use middle column.

4.

+ 2 - 3)

ATTACH to this form a corporate benefits statement as well as a statement of all fringe benefits of employment. (See Part G)

ATTACH a full and complete copy of last year’s Federal and State Income Tax Returns. ATTACH W-2 statements, 1099’s, Schedule C’s, etc., to show total income plus a copy of the most recently filed Tax Returns. (See Part G)

Check if attached: Federal Tax Return State Tax Return W-2 Other

2.Present Earned Income and Expenses

1. Average gross weekly income (based on last 3 pay periods –

ATTACH pay stubs)

Yours Other Party (if known)

Commissions and bonuses, etc., are: $ $ included not included* not paid to you.

*ATTACH details of basis thereof, including, but not limited to, percentage overrides, timing of payments, etc.

ATTACH copies of last three statements of such bonuses, commissions, etc.

2.Deductions per week (check all types of withholdings): $ $ Federal State F.I.C.A. S.U.I. Other

3.Net average weekly income (1 - 2) $

3.Your Current Year-to-Date Earned Income

4.OTHER DEDUCTIONS

a. Hospitalization/Medical Insurance

b. Life Insurance

c. Union Dues

d. 401(k) Plans

e. Pension/Retirement Plans

f. Other Plans - specify

g. Charity

h. Wage Execution

i. Medical Reimbursement (flex fund)

j. Other:

If mandatory, check box

a. $

b. $

c $

d. $

e. $

f. $

g. $

h. $

i. $

j. $ TOTAL $ 5.

5.

4.Your Year-to-Date Gross Unearned Income From All Sources (including, but not limited to, income from unemployment, disability and/or social security payments, interest, dividends, rental income and any other miscellaneous unearned income)

6. Did you receive bonuses, commissions, or other compensation, including distributions, taxable or nontaxable, in addition to your regular salary during the current or immediate past 2 calendar years?

If yes, explain and state the date(s) of receipt and set forth the gross and net amounts received:

Yes No

7. Do you receive cash or distributions not otherwise listed? Yes No

If yes, explain.

8. Have you received income from overtime work during either the current or immediate past calendar year? Yes No

If yes, explain.

9. Have you been awarded or granted stock options, restricted stock or any other non-cash compensation or entitlement during the current or immediate past calendar year?

If yes, explain.

10. Have you received any other supplemental compensation during either the current or immediate past calendar year?

If yes, state the date(s) of receipt and set forth the gross and net amounts received. Also describe the nature of any supplemental compensation received.

11. Have you received income from unemployment, disability and/or social security during either the current or immediate past calendar year?

If yes, state the date(s) of receipt and set forth the gross and net amounts received.

12. List the names of the dependents you claim:

Yes No

Yes No

Yes No

13. Are you paying or receiving any alimony? Yes No

If yes, how much and from or to whom?

14. Are you paying or receiving any child support?

If yes, list names of the children, the amount paid or received for each child and to whom paid or from whom received.

Yes No

15. Is there a wage execution in connection with support? Yes No

If yes explain.

16. Does a Safe Deposit Box exist and if so, at which bank?

17. Has a dependent child of yours received income from social security, SSI or other government program during either the current or immediate past calendar year?

If yes, explain the basis and state the date(s) of receipt and set forth the gross and net amounts received

18. Explanation of Income or Other Information:

Yes No

Yes No

Part D - Monthly Expenses (computed at 4.3 wks/mo.)

Joint Marital or Civil Union Life Style should reflect standard of living established during marriage or civil union. Current expenses should reflect the current life style. Do not repeat those income deductions listed in Part C – 3.

Part E - Balance Sheet of All Family Assets and Liabilities

Statement of Assets

Date of purchase/acquisition. If claim that asset is exempt, state reason and value of what is claimed to be exempt Value $ Put * after exempt Date of Evaluation Mo./Day/ Yr.

1.Real

3.Vehicles

6.Pension,

9.

10.

11.Other

TOTAL GROSS ASSETS: $

TOTAL SUBJECT TO EQUITABLE DISTRIBUTION: $

TOTAL NOT SUBJECT TO EQUITABLE DISTRIBUTION: $

3.Revolving

Statement of Liabilities

Name of Responsible Party (P, D, J) If you contend liability should not be shared, state reason

4.Other

TOTAL GROSS LIABILITIES: $ (excluding contingent liabilities)

NET WORTH: $ (subject to equitable distribution)

TOTAL SUBJECT TO EQUITABLE DISTRIBUTION: $

TOTAL NOT SUBJECT TO EQUITABLE DISTRIBUTION: $

Part F - - Statement of Special Problems

Provide a Brief Narrative Statement of Any Special Problems Involving This Case: As example, state if the matter involves complex valuation problems (such as for a closely held business) or special medical problems of any family member, etc.

Part G - Required Attachments

Check If You Have Attached the Following Required Documents

1. A full and complete copy of your last federal and state income tax returns with all schedules and attachments. (Part C-1)

2. Your last calendar year’s W-2 statements, 1099’s, K-1 statements.

3. Your three most recent pay stubs.

4. Bonus information including, but not limited to, percentage overrides, timing of payments, etc.; the last three statements of such bonuses, commissions, etc. (Part C)

5. Your most recent corporate benefit statement or a summary thereof showing the nature, amount and status of retirement plans, savings plans, income deferral plans, insurance benefits, etc. (Part C)

6. Affidavit of Insurance Coverage as required by Court Rule 5:4-2(f) (Part B-3)

7. List of all prior/pending family actions involving support, custody or Domestic Violence, with the Docket Number, County, State and the disposition reached. Attach copies of all existing Orders in effect. (Part B-5)

8. Attach details of each wage execution (Part C-5)

9. Schedule of payments made for a spouse or civil union partner and/or children not reflected in Part D.

10. Any agreements between the parties.

11. An Appendix IX Child Support Guideline Worksheet, as applicable, based upon available information

12. If a request has been made for college or post-secondary school contribution, all relevant information pertaining to that request, including but not limited to documentation of all costs and reimbursements or assistance for which contribution is sought, such as invoices or receipts for tuition, board and books; proof of enrollment; and proof of all financial aid, scholarships, grants and student loans obtained. A list of the information as promulgated by the Administrative Director of the Courts can be found on the Judiciary website

I certify that, other than in this form and its attachments, confidential personal identifiers have been redacted from documents now submitted to the court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b).

I certify that the foregoing information contained herein is true. I am aware that if any of the foregoing information contained therein is willfully false, I am subject to punishment.

DATED: SIGNED:

Name: ____________________________

Address: __________________________

Phone Number: ____________________

Date: _____________________________

Essex County Family Part

Superior Court of New Jersey Room 111, 1st Floor

Wilentz Justice Complex 212 Washington Street Newark, NJ 07102

Re: ____________________ v. ____________________

Docket Number: FM-_

Dear Sir/Madam:

Enclosed are the original and one copy of the following documents. Each document that is enclosed is checked below

Answer or Answer and Counterclaim

Certification and Verification of Non-Collusion

Certification of Insurance

Rule 5:4-2(h) Certification by Self-Represented Litigant

Confidential Litigant Information Sheet

Filing Fee or Filing Fee Waiver Request

Kindly file same and return a filed copy to me in the enclosed self-addressed stamped envelope.

Thank you for your prompt attention to this matter.

Kindest regards, ,

Defendant Pro Se Encl.

Atlantic County

Superior Court, Chancery Division, Family Part

Atlantic County Civil Courthouse

Family Intake

1201 Bacharach Blvd., West Wing Atlantic City, NJ 08401 (609)594-3320

Bergen County

Superior Court, Chancery Division, Family Part

Bergen County Justice Center, Finance Division

10 Main Street, Room 119

Hackensack, NJ 07601 (201)527-2300

Burlington County

Superior Court, Chancery Division, Family Part

Burlington County Central Processing Office

Attention: Dissolution Intake Court Facility, 3rd Floor

49 Rancocas Road

Mount Holly, NJ 08060 (609)518-2645

Camden County

Superior Court, Chancery Division

Hall of Justice, 2nd Floor

101 South 5th Street

Camden, NJ 08103-4001 (856)379-2200, Ext. 3626

Cape May County

Hand Delivery:

Superior Court, Chancery Division, Family Part

9 North Main Street

Cape May Court House, NJ 08210

Mailing Address:

Superior Court, Chancery Division, Family Part

4 Moore Road

Cape May Court House, NJ 08210 (609)463-6607

Cumberland County

Superior Court of New Jersey Finance Unit

Cumberland County Courthouse

60 West Broad Street

Bridgeton, NJ 08302 (856)453-4534

Essex County

Superior Court, Chancery Division, Family Part

Family Division – Dissolution Unit

Wilentz Justice Complex, 1st Floor, Room 113

212 Washington Street

Newark, NJ 07102 (973)693-6710

Gloucester County

Gloucester County Justice Complex

Family Division

1 North Broad Street

Woodbury, NJ 08096 (856)853-3200

Hudson County

Superior Court, Chancery Division, Family Part

Hudson Fee Office

595 Newark Avenue, 2nd Floor

Jersey City, NJ 07306 (201)795-6636

Hunterdon County

Superior Court, Chancery Division, Family Part

Family Case Management Office

Hunterdon County Justice Center

65 Park Avenue

Flemington, NJ 08822 (908)237-5800

Mercer County

Superior Court, Chancery Division, Family Part

Mercer County Civil Courthouse

175 S. Broad Street, 2nd Floor

P.O. Box 8068

Trenton, NJ 08822 (609)571-4000

Middlesex County

Hand Delivery:

Family Division

Superior Court of New Jersey

Middlesex Vicinage

120 New Street

New Brunswick, NJ 08901 (732)519-3242, 3223

Mailing Address:

Family Division

Superior Court of New Jersey

Middlesex Vicinage

P.O. Box 2691

New Brunswick, NJ 08903-2691 (732)519-3242, 3223

Monmouth County

Filing with Fee:

Superior Court of New Jersey

Monmouth Vicinage Courthouse

Family Division

P.O. Box 1260

Freehold, NJ 07728-1260

Filing without Fee:

Superior Court of New Jersey

Monmouth Vicinage Courthouse

Family Division

P.O. Box 1252

Freehold, NJ 07728 (732)677-4302

Morris County

Filing with Fee:

Superior Court of New Jersey

Morris County Courthouse

Finance Division Office

P.O. Box 929

Morristown, NJ 07963-0929

Filing without Fee:

Superior Court of New Jersey

Morris County Courthouse Finance Division Office

P.O. Box 910

Morristown, NJ 07963-0929 (973)656-4362

Ocean County

Superior Court of New Jersey

Ocean County Justice Complex

Family Division, Room 210

120 Hooper Avenue

P.O. Box 2191

Toms River, NJ 08753 (732)929-2037

Passaic County

Passaic County Superior Court

Chancery Division, Family Part

Matrimonial Unit

County Administration Building, 8th Floor

401 Grand Street

Paterson, NJ 07505 (973)247-8537

Salem County

Superior Court, Chancery Division, Family Part

Salem County Courthouse

92 Market Street

Salem, NJ 08079 (856)935-7510

Somerset County

Superior Court of New Jersey

Family Case Management Office

Somerset Courthouse, 2nd Floor

P.O. Box 3000

Somerville, NJ 08876-1262 (809)231-7600

Sussex County

Superior Court of New Jersey

Sussex County Judicial Center Finance Department

43-47 High Street

Newton, NJ 07860 (973)579-0630

Union County

Mailing Address:

Superior Court of New Jersey, Union County

Family Division, Matrimonial Intake Unit

2 Cherry Street

Elizabeth, NJ 07207 (908)659-3314

Hand Delivery:

Superior Court of New Jersey, Union County Family Division

New Annex Building

2Cherry Street 3rd Floor, Intake Unit Elizabeth. NJ 07207

Warren County

Filing with Fee:

Superior Court of New Jersey

Central Fee Office

413 Second Street

P.O. Box 400

Belvidere, NJ 07823-1500 (908)475-6969

Filing without Fee:

Superior Court, Chancery Division, Family Part

Family Dissolution Unit

Courthouse

413 Second Street

P.O. Box 900

Belvidere, NJ 07823-1500 (908)475-6167

PART 5

Filing for default

IMPORTANT NOTICE

These forms are part of Volunteer Lawyers for Justice’s free Divorce Clinic. If you got the forms outside of the clinic, you can call to see if you qualify for service at (973) 645-1955. These forms and instructions are provided to help self-represented people in New Jersey to be able to file for or respond to a divorce. These packets are NOT intended to provide you with complete information about all of your rights or responsibilities in your case.

You are representing yourself in your case. You are solely responsible for meeting all timelines in your case. If you have questions about your divorce, you should contact an attorney. The Essex County Bar Association Lawyers Referral Service has attorneys who will charge a reduced consultation fee. Their phone number is (973)622-6204.

The Essex County Dissolution Unit’s office is located in the Wilentz Justice Complex, 212 Washington Street, Room 1207, Newark NJ 07102.

Should you need to contact the Dissolution Unit for any questions regarding your case, their new General Information phone number is 973-776-9300 ext. 57040.

More information can also be found online at https://www.njcourts.gov/selfhelp/selfhelp_divorce.html

Box 32040 | Newark, NJ 07102 | Telephone (973) 645-1955 | Fax (973) 645-1954

SELF-HELP DIVORCE INSTRUCTIONS (Essex County)

Part 5: Filing for Default

My spouse was served, what’s next?

Once your spouse is served with the Summons and Complaint he/she has 35 (calendar) days to file a written response with the court. If your spouse does not file a response within the 35 day period then he/she will be in “default,” which means he/she loses the right to argue the divorce in court. To have the default entered in the court you must file the documents listed below with the clerk’s office.

Forms included in this packet

 FORM 5A – Request to Enter Default

 FORM 5B – Certification of Non-Military Service

 FORM 5C – Instructions for Verifying a Defendant’s Military Status and letters to branches of the military

 FORM 5D – Cover letter to court clerk

Step 1: Complete the Request and Certification to Enter Default

 Fill out the Request to Enter Default

 You must include the date your spouse was served

 You must also state how your spouse was served

 Attach the original proof of service to the form

Step 2: Complete the Certification of Non-Military Service

 Complete the Certification of Non-Military Service

 Attach proof of non-military service to the form (see step 3 for instructions)

Step 3: Proving non-military status

You must contact the Department of Defense to find out if your spouse is on active duty in the military. The Department of Defense can provide you with a military status report on your spouse. This report will only tell you if your spouse is or is not on active duty in the military. You need to provide your spouse’s name and SSN or date of birth to obtain the report. You can use either method below to obtain the military status report. It is recommended that you use the first option as it is cheaper and faster.

If your spouse is on active duty then you cannot obtain a default judgment for divorce. You should contact an attorney to discuss your options about going forward.

Option 1: Online

Fastest method and it’s free

 Search records of the Department of Defense to determine if your spouse is enlisted in any branch of the U.S. Military. You can complete this search online at https://www.dmdc.osd.mil/appj/scra/

 You will need to provide your spouse’s name and date of birth, or social security number

 This search is free and it takes only a few minutes

 The search results will be exported to a PDF document that you can save on your computer

 Print out the search results to include with your certification

Option 2: Mail

This method can take several weeks and there is a fee for each request

 Letters to each military branch are attached as FORM 5C

 You must send a letter to each branch of the military, which include the Army, Navy, Marine Corps, Air force, and Coast Guard by certified mail, return receipt requested

 Each request must include a money order in the amount of $5.20 made out to the appropriate military branch AND a stamped, self-addressed envelope

 It can take several weeks before you receive any written responses

 You must include written responses from each branch of the military with your certification

Step 4: File the Request to Enter Default and proof of service with the clerk’s office

 Prepare a large (9”x12”) self-addressed stamped envelope

 Enclose:

 The original and one copy of FORMS 5A-5B, proof of service, military status report

 The self-addressed stamped envelope

 Cover letter to the Clerk (FORM 5D)

 Mail your documents to:

Superior Court of New Jersey – Finance Room 111, 1st Floor

Wilentz Justice Complex

212 Washington Street Newark, NJ 07102

 Go to the post office and purchase enough postage for the weight of your documents to be returned

Need additional help?

If you need help with the next part of your divorce case call VLJ at 973-645-1955 to find out the next clinic date.

As a reminder, you are representing yourself in this case and you are solely responsible for meeting all court deadlines.

_____________________________ (NAME) (ADDRESS)

_________________________ (CITY, STATE, ZIP)

_____________________________ (PHONE)

Pro Se Plaintiff

SUPERIOR COURT OF NEW JERSEY

CHANCERY DIVISION: FAMILY PART

Plaintiff COUNTY vs. DOCKET NO. FM -

CIVIL ACTION

Defendant REQUEST TO ENTER DEFAULT

TO: County, Family Part

Superior Court of New Jersey

(Address)

(Address)

(City, State, Zip Code)

Kindly enter the default of the Defendant for failure to plead or otherwise defend as provided for by the Rules of Court.

Date:

(Plaintiff’s signature)

Plaintiff Pro Se

I, ___________ ____________________ being of full age, hereby certify: (Plaintiff’s name)

1. I am the Plaintiff in the above matter.

2. The Complaint and Summons in this action were served upon on__________________________________.

(Defendant’s name)

(Date defendant served with Complaint and Summons)

3. Proof of service is supported by the following documents, which are attached as exhibits to this certification. (Check one):

 Sheriff’s Affidavit of Service

 Acknowledgement of Service signed by Defendant

 Order permitting service by publication

4. The Defendant has failed to file an Answer or otherwise respond in this matter within the time prescribed under the law.

5. Accordingly, the time within which the Defendant may answer the Complaint has expired.

6. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.

Date:

(Plaintiff’s signature)

Plaintiff Pro Se

Filer’s Name

Address

City, State, Zip Telephone Number

Superior Court of New Jersey Chancery Division – Family Part County of Plaintiff Docket Number

vs. Case ID

Civil Action

Certification of Non-Military Service Defendant

I, , hereby certify that:

1. I am the (check one) plaintiff defendant in the above-entitled civil action.

2. I am personally acquainted with the other party and know that he or she resides at:

3. The other party is not in the Military Service of the United States.

4. I am supplying the Court with the following information as to how I know the other party is not in the military. (Check all statements below that apply to your case) In each case you must explain how any contact proves that the other party is not in the military):

I have recently seen the other party (when, where, circumstances):

My child(ren) last had parenting time with him or her on (when, where, circumstances): at

I have recently had telephone contact with the other party.

I know where the other party works (indicate employer name and address):

To my knowledge, the other party’s age exceeds the military requirements (state age)

The other party is disabled (indicate nature of disability):

The other party is incarcerated (indicate location):

Any other reason: and/or

I have checked with the Department of Defense website and the printout is attached. (https://scra.dmdc.osd.mil/) OR

I have attached statements from the 5 armed forces that the other party is not in the military service

I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.

Dated Plaintiff / Defendant

INSTRUCTIONS FOR VERIFYING A DEFENDANT’S MILITARY STATUS

Federal law requires the court to verify that an individual is not on active duty in the armed forces before it enters a default judgment against that person. You as the filer are required to provide this information to the court. There are three ways to show this military status.

1.If you have the defendant’s Social Security Number you can search the Department of Defense website (https://www.dmdc.osd.mil/scra/owa/home.) and get verification of that person’s military status. You can print out the result of this search and bring the printout to court.

2. You certif y on the “Certification of Non-Military Service” form, or testify in court, that you have personal knowledge about the defendant’s military status.

3. If you don’t know the military status of the defendant, and if you do not have the defendant’s Social Security Number, you must request and obtain verification from the sources listed below. You must contact each of the five branches of the military. Your request should contain as much information as you know about the defendant such as the full name, date of birth, last known address, service, rank or grade, or other information to properly identify the individual in question. You must also state why you are requesting this information.

Each request must be accompanied by a fee of $5.20 payable by check or money order, as follows:

Air Force Worldwide Locator

HQ AFMPC/RMIQL

550 C Street, W., Suite 50

Randolph Air Force Base, TX 78150-4752

Make check payable to DAQ-DE

Commandant of the Marine Corps (MMSBO)

Headquarters U.S. Marine Corps.

Code MMSB-10

2008 Elliot Road, Suite 203

Quantico, VA 22134-5030

Please mark on bottom of envelope

"OFFICIAL BUSINESS” and make check payable to U.S. Treasurer

Bureau of Naval Personnel

Navy Personnel Command

PERS-312F

5720 Integrity Drive

Millington, TN 38055-3120

Make check payable to U.S. Treasurer

Army Worldwide Locator

US Army Enlisted Records and Evaluation Center

8899 East 56th Street

Fort Benjamin Harrison, IN 46249-5301

Make check payable to Finance Officer

U.S. Coast Guard

Coast Guard Personnel Command

2100 Second Street, SW

Washington, DC 20593-0001

Make check payable to U.S. Coast Guard

Bring all forms to court with you when you appear for your hearing.

Your Name:__________________________

Address: ____________________________ _

Phone: _____________________________

Date:_

BY CERTIFIED MAIL RETURN RECEIPT REQUESTED

United States Air Force Worldwide Locator

HQ AFMPC/RMIQL

550 C Street West, Suite 50 Randolph Air Force Base, TX 78150-4752

Re: Request for a Certificate of Military Service or Non-Service Docket number: FM-(fill in your docket number)

Dear Sir/Madam:

Please be advised that I have filed a complaint against the defendant in the above-captioned matter. The object of my inquiry is to obtain a certificate of military service or non-service. Please return to me a certificate along with any address that you might have, regardless of whether it is expired.

Below is the defendant’s information:

Defendant’s name:

Last known address:

Date of birth:

SSN:

Place of birth:

Enclosed is a check or money order in the amount of $5.20 payable to the DAQ-DE and a stamped, selfaddressed envelope for this purpose.

Kindest regards,

Plaintiff Pro Se (your name)

Your Name:_________________________

Address: ___________________________

Phone: ____________________________

Date:_

BY CERTIFIED MAIL RETURN RECEIPT REQUESTED

United States Army Commander USA EREC

Attention: Locator

8899 East 56th Street

Fort Benjamin Harrison, IN 46249-5031

Re: Request for a Certificate of Military Service or Non-Service

Docket number: FM-(fill in your docket number)

Dear Sir/Madam:

Please be advised that I have filed a complaint against the defendant in the above-captioned matter. The object of my inquiry is to obtain a certificate of military service or non-service. Please return to me a certificate along with any address that you might have, regardless of whether it is expired.

Below is the defendant’s information:

Defendant’s name:

Last known address:

Date of birth:

SSN:

Place of birth:

Enclosed is a check or money order in the amount of $5.20 payable to the Finance Officer and a stamped, self-addressed envelope for this purpose.

Kindest regards,

Plaintiff Pro Se (your name)

Your Name:_________________________

Address: ___________________________

Phone: ____________________________

Date:_

BY CERTIFIED MAIL RETURN RECEIPT REQUESTED

United States Coast Guard

USCG – Personnel Command

2100 Second Street, S.W. Washington, DC 20593-0001

Attn: Coast Guard Locator Assistant

Re: Request for a Certificate of Military Service or Non-Service

Docket number: FM-(fill in your docket number)

Dear Sir/Madam:

Please be advised that I have filed a complaint against the defendant in the above-captioned matter. The object of my inquiry is to obtain a certificate of military service or non-service. Please return to me a certificate along with any address that you might have, regardless of whether it is expired.

Below is the defendant’s information:

Defendant’s name:

Last known address:

Date of birth:

SSN:

Place of birth:

Enclosed is a check or money order in the amount of $5.20 payable to the United States Coast Guard and a stamped, self-addressed envelope for this purpose.

Kindest regards,

Plaintiff Pro Se (your name)

Your Name:_________________________

Address: ___________________________

Phone: ____________________________

Date:_______________________________

BY CERTIFIED MAIL RETURN RECEIPT REQUESTED

United States Marine Corps

Headquarters, U.S. Marine Corps Code MMSB10

Support BRMMSB 10, Suite 201 2008 Elliott Road, Suite 203 Quantico, VA 22134-5030

Re: Request for a Certificate of Military Service or Non-Service

Docket number: FM-(fill in your docket number)

Dear Sir/Madam:

Please be advised that I have filed a complaint against the defendant in the above-captioned matter. The object of my inquiry is to obtain a certificate of military service or non-service. Please return to me a certificate along with any address that you might have, regardless of whether it is expired.

Below is the defendant’s information:

Defendant’s name:

Last known address:

Date of birth:

SSN:

Place of birth:

Enclosed is a check or money order in the amount of $5.20 payable to the United States Treasurer and a stamped, self-addressed envelope for this purpose.

Kindest regards,

Plaintiff Pro Se (your name)

Your Name:_________________________

Address: ___________________________

Phone: ____________________________

Date:_

BY CERTIFIED MAIL RETURN RECEIPT REQUESTED

United States Navy Naval Personnel Command

PERS 312 F

5720 Integrity Drive Millington, TN 38055-3120

Re: Request for a Certificate of Military Service or Non-Service

Docket number: FM-(fill in your docket number)

Dear Sir/Madam:

Please be advised that I have filed a complaint against the defendant in the above-captioned matter. The object of my inquiry is to obtain a certificate of military service or non-service. Please return to me a certificate along with any address that you might have, regardless of whether it is expired.

Below is the defendant’s information:

Defendant’s name:

Last known address:

Date of birth:

SSN:

Place of birth:

Enclosed is a check or money order in the amount of $5.20 payable to the United States Treasurer and a stamped, self-addressed envelope for this purpose.

Kindest regards,

Plaintiff Pro Se (your name)

Name: ____________________________

Address: __________________________

Phone Number: ____________________

Date: ________

County Family Part

Re: ____________________ v.

Docket Number: FM-

Dear Sir/Madam:

Enclosed are the original and one copy of the following documents:

(1) Request to Enter Default and Certification

(2) Stamped "filed" Affidavit of Service

(3) Certification of Non-Military Service

(4) Military Status Report

Kindly file these documents and return a filed copy to me in the enclosed self-addressed stamped envelope.

Thank you for your prompt attention to this matter.

Kindest regards, , Plaintiff Pro Se

Encl.

PART 6

Final Judgment of Divorce

IMPORTANT NOTICE

These forms are part of Volunteer Lawyers for Justice’s free Divorce Clinic. If you got the forms outside of the clinic, you can call to see if you qualify for service at (973) 645-1955. These forms and instructions are provided to help self-represented people in New Jersey to be able to file for or respond to a divorce. These packets are NOT intended to provide you with complete information about all of your rights or responsibilities in your case.

You are representing yourself in your case. You are solely responsible for meeting all timelines in your case. If you have questions about your divorce, you should contact an attorney. The Essex County Bar Association Lawyers Referral Service has attorneys who will charge a reduced consultation fee. Their phone number is (973)622-6204.

The Essex County Dissolution Unit’s office is located in the Wilentz Justice Complex, 212 Washington Street, Room 1207, Newark NJ 07102.

Should you need to contact the Dissolution Unit for any questions regarding your case, their new General Information phone number is 973-776-9300 ext. 57040.

More information can also be found online at https://www.njcourts.gov/selfhelp/selfhelp_divorce.html

SELF-HELP DIVORCE INSTRUCTIONS (Essex County)

Part 6: Final Judgment of Divorce

Default Divorce Process

You filed a Request to Enter Default with the clerk’s office because your spouse failed to respond to the divorce complaint. Once your Request to Enter Default is filed with the clerk’s office your case will be assigned to a judge and you will receive a notice to appear in court for a default divorce hearing.

Step 1: If you have issues of equitable distribution (division of property or debt), alimony, child support, custody or parenting time, you must file some additional documents with the court. If you do not have any of those issues for the court to resolve in your divorce case, move to Step 2.

Since you have issues about child support, alimony, distribution of property or debt, custody or parenting time then you must file the following documents with the clerk’s office at least 20 days before your hearing date.

 FORM 6A – Notice of Proposed Final Judgment

 FORM 6B – Certification of Service

 FORM 6C – Case Information Statement (CIS)

 FORM 6D – Cover Letter to the Clerk

You must send a copy of these documents to your spouse (or spouse’s attorney) by regular and certified mail.

The clerk will send a copy of your documents to the judge for review.

Go to Step 3 for information about the Final Judgment of Divorce.

Step 2: If you do NOT have issues relating to support, distribution of property or debt, custody or parenting time

If the only relief you are seeking is the return of a former name, and/or the continuation of any prior orders regarding child support, custody or parenting time (without any changes) then you do not need to file any additional documents with the court.

Step 3: Final Judgment of Divorce

 Fill out FORM 6E – Final Judgment of Divorce. This is a very important document, as it outlines all of the terms of your divorce. Many of these terms CANNOT BE CHANGED after this document is signed by the judge, so it is important that you include all issues relating to the divorce.

 Bring the original and 5 copies of FORM 6E to your court hearing.

 Also bring a copy of your marriage certificate or marriage license

Step 5: Day of the hearing

This is the final step in the divorce process. At the hearing the judge will ask you several questions about your divorce.

The judge may ask:

• When were you married?

• Where do you live?

• How long you have lived in Essex County?

• Have there been problems and differences in your marriage for at least 6 months or longer?

• The names and ages of any children you have with your spouse

• Are there are any assets, debts, or properties that need to be divided between you and your spouse?

• Is there a prior court history with your spouse?

• Do you want to resume your former name?

This is not an exhaustive or complete list of questions that the judge may ask. The judge could ask other questions related to your divorce. Remember that you are under oath and must answer any questions from the judge or court honestly. If you do not understand a question, ask the judge to explain it.

At the end of the hearing, the judge will inform you that you are divorced and you will be given certified copies of your Final Judgment of Divorce. Certified copies will have the stamp and seal from the Superior Court of NJ on it. You have 7 days to mail or hand-deliver the Final Judgment of Divorce to your ex-spouse.

The Final Judgment of Divorce will have the judge’s signature and seal on the document. Keep this document in a safe place. You can order a replacement Final Judgment of Divorce for $10.

To change your last name with various government agencies, you must bring the Final Judgment of Divorce (with the raised seal) to the following agencies:

• Apply for a new social security card with the Social Security Administration Office. Your local Social Security Office can be found online at https://secure.ssa.gov/ICON/main.jsp

• Update your driver’s license or non-driver’s ID with the NJ Motor Vehicle Commission. Your local MVC office can be found online at http://www.state.nj.us/mvc/Licenses/Location.htm

• Notify your bank, creditors, other financial institutions, employers, insurance, schools, etc., of your changed surname. You may only need to provide a photocopy of your Final Judgment of Divorce.

• Update your passport. The passport office may hold your Final Judgment of Divorce for several weeks while processing your paperwork.

Need additional help?

If you need help with the next part of your divorce case call VLJ at 973-645-1955 to find out the next clinic date.

As a reminder, you are representing yourself in this case and you are solely responsible for meeting all court deadlines.

_____________________________ (NAME) (ADDRESS)

_________________________ (CITY, STATE, ZIP) _____________________________ (PHONE)

Pro Se Plaintiff

SUPERIOR COURT OF NEW JERSEY

CHANCERY DIVISION: FAMILY PART Plaintiff COUNTY vs. DOCKET NO. FM -

CIVIL ACTION

Defendant

NOTICE OF PROPOSED FINAL JUDGMENT

TO:

(Defendant’s name)

(Address)

(Address)

(City, state, zip code)

PLEASE TAKE NOTICE, that on _______________________, at _ , or as soon thereafter as parties may be heard, the Plaintiff shall appear before the Honorable _, J.S.C., at the __ _____ Family Courthouse, located at _____ , , New Jersey, in connection with the above captioned proceeding. You are in default for failure to plead or otherwise defend as provided by the rules of civil practice.

PLEASE TAKE FURTHER NOTICE that Plaintiff is seeking judgment (check all that apply):

 1. Equitably distributing the property and debt of the marriage, which are subject to this divorce action between the parties.

 The following property shall be awarded to Plaintiff:

A. All personal property in Plaintiff’s possession.

B. The following property in Defendant’s possession shall be delivered to Plaintiff:

C.

D.

E.

 The following property shall be awarded to Defendant:

A. All personal property in Defendant’s possession.

B. The following property in Plaintiff’s possession shall be delivered to Defendant.

C.

D.

E.

 The following debts shall be assumed by Plaintiff and Plaintiff shall hold Defendant harmless on these debts:

A.

B. C. D. E.

 The following debts shall be assumed by Defendant and Defendant shall hold Plaintiff harmless on these debts:

A.

 2. Awarding (check one) joint/sole physical custody of the unemancipated children of the marriage to (check one) Plaintiff/Defendant;

(1) ;  (2) ;  (3) ;  (4) .

 3. Awarding (check one) joint/sole legal custody of the unemancipated children of the marriage to (check one) Plaintiff/Defendant;

(1)

 4. Awarding (check one)  Plaintiff/Defendant  reasonable rights of parenting time with the unemancipated children of the marriage as follows or attached as Exhibit  .

 5. Compelling (check one) Plaintiff/Defendant to pay child support in the amount of $  for the unemancipated children of the marriage.

 6. Compelling Defendant to pay alimony in amount of $ to Plaintiff.

 7. Compelling Defendant to maintain a life insurance policy naming the children as irrevocable beneficiaries and Plaintiff as irrevocable trustee for so long as there is a child support obligation or arrearage outstanding.

 8. Compelling Defendant to maintain full health insurance, including dental insurance, vision and prescription drugs, for the benefit of the children.

 9. Compelling Defendant to be liable for future medical, dental, prescription drugs, and vision expenses for the unemancipated children that are not otherwise covered under Defendant’s health insurance policy, Medicaid, or other health care program.

 Additional request:

 Additional request:

PLEASE TAKE FURTHER NOTICE THAT this Notice will be filed with the Superior Court, Chancery Division, Family Part, Essex County.  This notice may be examined by the defendant in this action during normal business hours at the Family Division  Manager’s Office of the Superior Court located at Wilentz Justice Complex, 212 Washington Street Newark, NJ 07102.

Date:

(Plaintiff’s signature)  Plaintiff Pro Se

CERTIFICATION OF SERVICE

I, , of full age, certify that a copy of the foregoing Notice of Proposed Final Judgment, together with all supporting exhibits have been forwarded to the Clerk of the Superior Court, Chancery Division, Family Part, Essex County, Dissolution Unit, 212 Washington Street Newark, New Jersey, 07102 and served by regular and certified mail on upon the Defendant,______________________________ at the following address:

(Your name)

( Date)

(Defendant’s name)

(Defendant’s name)

(Address)

(Apartment/ unit number)

(City, state, zip code)

I certify that the foregoing was served in the manner and time prescribed by the Rules of Court.

Date:

(Plaintiff’s signature)

Plaintiff Pro Se

Appendix V

Family Part Case Information Statement

This form and attachments are confidential pursuant to Rules 1:38-3(d)(1) and 5:5-2(f)

Attorney(s):

Office Address:

Tel. No./Fax No.

Attorney(s) for:

SUPERIOR COURT OF NEW JERSEY CHANCERY DIVISION, FAMILY PART Plaintiff, COUNTY vs.

DOCKET NO.

Defendant. CASE INFORMATION STATEMENT OF

NOTICE: This statement must be fully completed, filed and served, with all required attachments, in accordance with Court Rule 5:5-2 based upon the information available. In those cases where the Case Information Statement is required, it shall be filed within 20 days after the filing of the Answer or Appearance. Failure to file a Case Information Statement may result in the dismissal of a party’s pleadings.

INSTRUCTIONS:

The Case Information Statement is a document which is filed with the court setting forth the financial details of your case. The required information includes your income, your spouse's/partner's income, a budget of your joint life style expenses, a budget of your current life style expenses including the expenses of your children, if applicable, an itemization of the amounts which you may be paying in support for your spouse/partner or children if you are contributing to their support, a summary of the value of all assets referenced on page 8 – It is extremely important that the Case Information Statement be as accurate as possible because you are required to certify that the contents of the form are true. It helps establish your lifestyle which is an important component of alimony/spousal support and child support.

The monthly expenses must be reviewed and should be based on actual expenditures such as those shown from checkbook registers, bank statements or credit card statements from the past 24 months. The asset values should be taken, if possible, from actual appraisals or account statements. If the values are estimates, it should be clearly noted that they are estimates.

According to the Court Rules, you must update the Case Information Statement as your circumstances change. For example, if you move out of your residence and acquire your own apartment, you should file an Amended Case Information Statement showing your new rental and other living expenses.

It is also very important that you attach copies of relevant documents as required by the Case Information Statement, including your most recent tax returns with W-2 forms, 1099s and your three (3) most recent paystubs.

If a request has been made for college or post-secondary school contribution, you must also attach all relevant information pertaining to that request, including but not limited to documentation of all costs and reimbursements or assistance for which contribution is sought, such as invoices or receipts for tuition, board and books; proof of enrollment; and proof of all financial aid, scholarships, grants and student loans obtained.

Part A - Case Information:

Date of Statement

Date of Divorce, Dissolution of Civil Union or Termination of Domestic Partnership (post-Judgment matters)

Date(s) of Prior Statement(s)

Issues in Dispute:

Cause of Action

Custody

Parenting Time

Alimony

Child Support

Equitable Distribution

Your Birthdate Counsel Fees

Birthdate of Other Party Anticipated College/Post-

Date of Marriage, or entry into Civil Union or Domestic Partnership

Date of Separation

Date of Complaint

Does an agreement exist between parties relative to any issue?

Secondary Education Expenses

Other issues (be specific)

No. If Yes, ATTACH a copy (if written) or a summary (if oral). 1.Name

2.Name, Address, Birthdate and Person with whom children reside:

Part B - Miscellaneous Information:

1. Information about Employment (Provide Name & Address of Business, if Self-employed)

4. Additional Identification:

Confidential Litigant Information Sheet: Filed Yes No

5. ATTACH a list of all prior/pending family actions involving support, custody or Domestic Violence, with the Docket Number, County, State and the disposition reached. Attach copies of all existing Orders in effect.

Part C. - Income Information:

Complete this section for self and (if known) for other party. If W-2 wage earner, gross earned income refers to Medicare wages.

1.Last Year’s Income

3.

Income Taxes paid on income (Fed., State, F.I.C.A., and S.U.I.). If Joint Return, use middle column.

4.

+ 2 - 3)

ATTACH to this form a corporate benefits statement as well as a statement of all fringe benefits of employment. (See Part G)

ATTACH a full and complete copy of last year’s Federal and State Income Tax Returns. ATTACH W-2 statements, 1099’s, Schedule C’s, etc., to show total income plus a copy of the most recently filed Tax Returns. (See Part G)

Check if attached: Federal Tax Return State Tax Return W-2 Other

2.Present Earned Income and Expenses

1. Average gross weekly income (based on last 3 pay periods –

ATTACH pay stubs)

Yours Other Party (if known)

Commissions and bonuses, etc., are: $ $ included not included* not paid to you.

*ATTACH details of basis thereof, including, but not limited to, percentage overrides, timing of payments, etc.

ATTACH copies of last three statements of such bonuses, commissions, etc.

2.Deductions per week (check all types of withholdings): $ $ Federal State F.I.C.A. S.U.I. Other

3.Net average weekly income (1 - 2) $

3.Your Current Year-to-Date Earned Income

4.OTHER DEDUCTIONS

a. Hospitalization/Medical Insurance

b. Life Insurance

c. Union Dues

d. 401(k) Plans

e. Pension/Retirement Plans

f. Other Plans - specify

g. Charity

h. Wage Execution

i. Medical Reimbursement (flex fund)

j. Other:

If mandatory, check box

a. $

b. $

c $

d. $

e. $

f. $

g. $

h. $

i. $

j. $ TOTAL $ 5.

5.

4.Your Year-to-Date Gross Unearned Income From All Sources (including, but not limited to, income from unemployment, disability and/or social security payments, interest, dividends, rental income and any other miscellaneous unearned income)

6. Did you receive bonuses, commissions, or other compensation, including distributions, taxable or nontaxable, in addition to your regular salary during the current or immediate past 2 calendar years?

If yes, explain and state the date(s) of receipt and set forth the gross and net amounts received:

Yes No

7. Do you receive cash or distributions not otherwise listed? Yes No

If yes, explain.

8. Have you received income from overtime work during either the current or immediate past calendar year? Yes No

If yes, explain.

9. Have you been awarded or granted stock options, restricted stock or any other non-cash compensation or entitlement during the current or immediate past calendar year?

If yes, explain.

10. Have you received any other supplemental compensation during either the current or immediate past calendar year?

If yes, state the date(s) of receipt and set forth the gross and net amounts received. Also describe the nature of any supplemental compensation received.

11. Have you received income from unemployment, disability and/or social security during either the current or immediate past calendar year?

If yes, state the date(s) of receipt and set forth the gross and net amounts received.

12. List the names of the dependents you claim:

Yes No

Yes No

Yes No

13. Are you paying or receiving any alimony? Yes No

If yes, how much and from or to whom?

14. Are you paying or receiving any child support?

If yes, list names of the children, the amount paid or received for each child and to whom paid or from whom received.

Yes No

15. Is there a wage execution in connection with support? Yes No

If yes explain.

16. Does a Safe Deposit Box exist and if so, at which bank?

17. Has a dependent child of yours received income from social security, SSI or other government program during either the current or immediate past calendar year?

If yes, explain the basis and state the date(s) of receipt and set forth the gross and net amounts received

18. Explanation of Income or Other Information:

Yes No

Yes No

Part D - Monthly Expenses (computed at 4.3 wks/mo.)

Joint Marital or Civil Union Life Style should reflect standard of living established during marriage or civil union. Current expenses should reflect the current life style. Do not repeat those income deductions listed in Part C – 3.

Part E - Balance Sheet of All Family Assets and Liabilities

Statement of Assets

Date of purchase/acquisition. If claim that asset is exempt, state reason and value of what is claimed to be exempt Value $ Put * after exempt Date of Evaluation Mo./Day/ Yr.

1.Real

3.Vehicles

6.Pension,

9.

10.

11.Other

TOTAL GROSS ASSETS: $

TOTAL SUBJECT TO EQUITABLE DISTRIBUTION: $

TOTAL NOT SUBJECT TO EQUITABLE DISTRIBUTION: $

3.Revolving

Statement of Liabilities

Name of Responsible Party (P, D, J) If you contend liability should not be shared, state reason

4.Other

TOTAL GROSS LIABILITIES: $ (excluding contingent liabilities)

NET WORTH: $ (subject to equitable distribution)

TOTAL SUBJECT TO EQUITABLE DISTRIBUTION: $

TOTAL NOT SUBJECT TO EQUITABLE DISTRIBUTION: $

Part F - - Statement of Special Problems

Provide a Brief Narrative Statement of Any Special Problems Involving This Case: As example, state if the matter involves complex valuation problems (such as for a closely held business) or special medical problems of any family member, etc.

Part G - Required Attachments

Check If You Have Attached the Following Required Documents

1. A full and complete copy of your last federal and state income tax returns with all schedules and attachments. (Part C-1)

2. Your last calendar year’s W-2 statements, 1099’s, K-1 statements.

3. Your three most recent pay stubs.

4. Bonus information including, but not limited to, percentage overrides, timing of payments, etc.; the last three statements of such bonuses, commissions, etc. (Part C)

5. Your most recent corporate benefit statement or a summary thereof showing the nature, amount and status of retirement plans, savings plans, income deferral plans, insurance benefits, etc. (Part C)

6. Affidavit of Insurance Coverage as required by Court Rule 5:4-2(f) (Part B-3)

7. List of all prior/pending family actions involving support, custody or Domestic Violence, with the Docket Number, County, State and the disposition reached. Attach copies of all existing Orders in effect. (Part B-5)

8. Attach details of each wage execution (Part C-5)

9. Schedule of payments made for a spouse or civil union partner and/or children not reflected in Part D.

10. Any agreements between the parties.

11. An Appendix IX Child Support Guideline Worksheet, as applicable, based upon available information

12. If a request has been made for college or post-secondary school contribution, all relevant information pertaining to that request, including but not limited to documentation of all costs and reimbursements or assistance for which contribution is sought, such as invoices or receipts for tuition, board and books; proof of enrollment; and proof of all financial aid, scholarships, grants and student loans obtained. A list of the information as promulgated by the Administrative Director of the Courts can be found on the Judiciary website

I certify that, other than in this form and its attachments, confidential personal identifiers have been redacted from documents now submitted to the court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b).

I certify that the foregoing information contained herein is true. I am aware that if any of the foregoing information contained therein is willfully false, I am subject to punishment.

DATED: SIGNED:

Name: ____________________________

Address: __________________________

Phone Number: ____________________

Date: ________________

County Family Part

Re: ____________________ v. ____________________ Docket Number: FM-_

Dear Sir/Madam:

Enclosed are the original and one copy of the following documents:

 Plaintiff’s Notice of Proposed Final Judgment

 Certification of Service

 Case Information Statement

Kindly file the above documents and return a filed copy to me in the enclosed selfaddressed stamped envelope.

Thank you for your prompt attention to this matter.

Kindest regards, ,

Plaintiff Pro Se

_____________________________ (NAME) (ADDRESS)

_________________________ (CITY, STATE, ZIP)

_____________________________ (PHONE)

Pro Se Plaintiff

SUPERIOR COURT OF NEW JERSEY

CHANCERY DIVISION: FAMILY PART

Plaintiff COUNTY vs. DOCKET NO. FM_____________________

_______________________, CIVIL ACTION

Defendant

FINAL JUDGMENT OF DIVORCE

This matter coming to be heard _______________________ before the Honorable ________________________________________, J.S.C., in the presence of

(Date)

(Name of judge)

(Your name)

(Defendant’s name)

(Date of marriage)

___, Plaintiff Pro Se, and the Defendant,

____________, (check one)  appearing/  not appearing); and it appearing that the Plaintiff and the Defendant were married on _ , that the Plaintiff having plead a cause of action for divorce under that statute in this case that the Plaintiff was a bona fide resident of the State of New Jersey for more than one year preceding the commencement of this action and jurisdiction was acquired over the Defendant pursuant to the rules governing the courts; IT FURTHER APPEARING that there are (check one):

 No children born of the marriage and there are no expected children within the next 300 days pursuant to N.J.S.A. 9:17-43.

 There are ______ (list number of children) born of the marriage, their names and dates of birth are as follows:

Child’s name

Date of birth

IT FURTHER APPEARING that there has been _____ (list number) of prior proceedings between the parties for (check all that apply):

 Child Support (Docket Number)________________________________

 Final Restraining Order (Docket Number) ________________________

 Alimony (Docket Number) _____________________________

Thereupon, it is on _ _, by the Superior Court of New Jersey, Chancery Division, ORDERED AND ADJUDGED; by the power and authority of this Court and the acts of the legislature the Court does hereby ORDERS AND ADJUDGES that the Plaintiff, _ ______, and the Defendant, _______________, be divorced from the bonds of matrimony for the causes stated in the Complaint and the said parties and each of them be freed and discharged from the obligations thereof; and

(Defendant’s name)

(Your name)

(Date)

FURTHER ORDERED that (Check all that apply):

 1. The ______________________ shall have (check one)  primary physical custody or  joint physical custody of the minor children of the marriage.

(Plaintiff or Defendant)

(Plaintiff or Defendant)

 2. The ______________________ shall have (check one)  primary legal custody Or  joint legal custody of the minor children of the marriage.

 3. Reasonable rights of parenting time with the children of the marriage are awarded to (check one)  Plaintiff/ Defendant. The parenting time schedule will be ordered as follows (or parenting time schedule is attached as Exhibit ___)

 4. The (check one)  Plaintiff/ Defendant is ordered to pay child support to (check one)  Plaintiff/ Defendant in the amount of $________ per week. Payments (check one)  will/ will not be made through the _________________ County Child Support Probation Department via wage garnishment;

 5. The (check one)  Plaintiff/ Defendant owes $___________ to (check one)  Plaintiff/ Defendant for child support arrears. Repayment of arrears will be ordered at $______ per week. Payments (check one)  will/ will not be made through wage garnishment;

 6. The (check one)  Plaintiff/ Defendant is ordered to pay alimony to the (check one)  Plaintiff/ Defendant in the amount of $_______ per week until OR such time as (check one)  Plaintiff/ Defendant remarries, whichever occurs first;

(Date)

 7. The (check one)  Plaintiff/ Defendant is ordered to provide full health insurance, including dental insurance, vision and prescription drugs, for the benefit of the minor children until they are emancipated or until ______ ;

(Date)

 8. The (check one)  Plaintiff/ Defendant is ordered to be liable for medical, dental, prescription drug, and vision expenses for the minor children that are not otherwise covered under the health insurance policy, Medicaid, or other health care program;

 9. The (check one)  Plaintiff/ Defendant is ordered to maintain a life insurance policy naming the minor children of the marriage as irrevocable beneficiaries and naming (check one)  Plaintiff/ Defendant as the irrevocable trustee for so long as there is a child support obligation or arrearage outstanding;

 10. All property, both real and personal, which was legally and beneficially acquired during the marriage shall be divided between the parties pursuant to the attached Marital Settlement Agreement that is signed and notarized by both parties dated on __ ;

 11. All property, both real and personal, which was legally and beneficially acquired during the marriage shall be equitably divided as follows:

 The following property shall be awarded to Plaintiff:

A. All personal property in Plaintiff’s possession.

B. The following property in Defendant’s possession shall be delivered to Plaintiff:

C.

D.

E.

 The following property shall be awarded to Defendant:

A. All personal property in Defendant’s possession.

B. The following property in Plaintiff’s possession shall be delivered to Defendant.

 12. All debts shall be divided equitably as follows:

 The following debts shall be assumed by Plaintiff and Plaintiff shall hold Defendant harmless on these debts:

 The following debts shall be assumed by Defendant and Defendant shall hold Plaintiff harmless on these debts: A.

 13. The (check one)  Plaintiff/ Defendant shall be permitted to resume the use of the name of ______________________ _, whose date of birth is

(List new full name)

(Your date of birth)

IT IS FURTHER ORDERED that a copy of this Final Judgment of Divorce shall be served upon the Defendant within 7 days of its entry.

All claims for relief set forth in the pleadings and not specifically referred to in this judgment have been abandoned. HON. ______ _____________, J.S.C.

Date: _______________

Default Divorce Questions

General Questions

1. On what date were you married?

2. What is your current address?

3. How long have you resided in Essex County?

4. Have there been irreconcilable differences between you and your spouse for the past 6 months or longer?

5. Have these differences lead to the breakdown of this marriage?

6. Were there any children born of the marriage?

a. If YES, what are their names and birthdates?

b. If YES, with whom do the children reside?

c. Are any of the children emancipated?

7. Are there any issues of equitable distribution?

8. Are there currently any bank accounts, real property, assets, or CDs shared through the marriage?

9. Have there been any previous proceedings between you and your spouse regarding this marriage or its dissolution? (ex. Child Support, Domestic Violence, Bankruptcy, etc.)

10. Is there any reasonable prospect of reconciliation?

11. Are you seeking this divorce of your own free will?

Return of maiden name or former name

12. Do you wish to resume your maiden name?

13. State and spell that name

14. Are you seeking to resume your maiden name to conceal a crime or defraud any creditors?

15. Are you seeking to resume your maiden name to defraud the government?

16. Are you seeking to resume your maiden name for personal reasons only?

Marital Settlement Agreement

(Show client the marital settlement agreement and ask Court to enter agreement into evidence)

17. Have you seen this marital settlement agreement?

18. Is this your signature on the agreement?

19. Did you read this agreement before you signed it?

20. Was this agreement the result of negotiations between you and your spouse?

21. Have you had sufficient time to consider entering into this agreement?

22. Under all the circumstances of your case do you think that the agreement represents a fair and an equitable resolution of all issues between you and your spouse?

23. Did anyone coerce, force, or threaten you into signing this agreement?

24. Do you fully understand all of the terms of this agreement?

25. Are you under the influence of any drugs, alcohol, or medication which would impair your ability to understand the terms of the agreement or the nature of the proceedings today?

26. Do you have any questions of the Judge or of me with regard to the agreement?

27. Do you understand that by entering into this agreement you are waiving your right to a trial where the Court would have heard testimony and ruled on all the issues which are subject to this agreement?

28. Are you asking the Court to make this agreement part of any judgment that it may enter today?

29. Have I been available to answer all of your questions and are you satisfied with the representation provided to you?

30. Under the terms of the agreement will you be able to maintain the same standard of living? If not, describe the difference.

Additional questions about non-joint children born after marriage

Questions for Plaintiff

31. During the course of the marriage did you have any children with another party?

32. Is there any possible way that this child is the biological child of Defendant?

33. You understand that you are waiving any rights to have the Court determine that Defendant is the father of this child?

34. You understand that in waiving these rights the Court will not enter any orders for child support, parenting time, or custody in regards to this child and the Defendant?

Questions for Defendant

35. Are you aware that during the course of the marriage that Plaintiff had a child with another party?

36. Are you claiming that this is your child?

37. You understand that you are waiving any rights that you may have for the Court to determine that you are the father of this child?

38. You understand that in waiving these rights the Court will not enter any orders for child support, parenting time, or custody in regards to this child and you?

Additional questions (unborn non-joint child)

Questions for Plaintiff

39. Are you currently pregnant?

40. During the period when this child was conceived did you and the Defendant engage in any intimate sexual contact that could have resulted in this pregnancy?

41. You understand that you are waiving any rights that to have the Court determine if the Defendant is the father of this unborn child?

42. You understand that in waiving these rights the Court will not enter any orders for child support, parenting time, or custody in regards to this unborn child and the Defendant?

Questions for Defendant

43. Are you aware that Plaintiff is pregnant?

44. During the time period when this child was conceived did you and the Plaintiff engage in any intimate sexual contact that could have resulted in this pregnancy?

45. You understand that you are waiving any rights that you may have for the Court to determine that you are the father of this unborn child?

46. You understand that in waiving these rights the Court will not enter any orders for child support, parenting time, or custody in regards to this unborn child and you?

New Jersey Family Lawyer

What’s Really in a Name Change?

by Andrea Beth White

Aname change may be simple enough to obtain from the court in a divorce proceeding, but not so simple for our clients to implement. The purpose of this column is to highlight some of the problems, and provide some helpful practice tips for ourselves and our clients.

The right to a name change in a divorce or annulment action is specifically set forth in Comment 2.1 to Rule 4:72-4 and N.J.S.A. 2:34-21. The comment specifically provides that a name change may be sought and provided in a divorce judgment. In fact, the comment to Rule 4:72-4 provides,“the divorce proceeding should be liberally amended to permit adding that prayer for relief. Cimiluca v. Cimiluca, 245 N.J. Super 145 (App. Div. 1990).”1 Aside from a conflicting decision,2 the process to obtain an order for a name change incident to a divorce is fairly straightforward.What is not straightforward or simple, however, is the process thereafter.

Once your client has been granted permission to resume a prior name, you should be able to advise the client on what happens once they are successful in changing their name, and how to go about effectuating it. A client should understand what is required by them once permission to change the name is granted; that is, a road map for actually effectuating the name change, such as driver’s license, Social Security, credit cards, and the like. This is certainly no easy task.

The truth is, once a name change is granted, there are a plethora of issues that need to be addressed. The first step is normally changing the name on a driver’s license. To do so, the individual must go to the Motor Vehicle Commission, (formerly known as the Division of Motor Vehicle or DMV). Not only will your client need to pre-

sent their judgment of divorce executed by the court, but they also need other points of identification, as well.3 The next step, generally, is to proceed to the Social Security Administration in order to obtain a revised Social Security card. It might be easier to spend the time at the local office of Social Security than to forward all the documents, in order to avoid the documents being returned to your client for failure to complete the application properly. However, your client should be aware that the application itself is quite cumbersome.

Next, your client will have to change the title on various accounts. You would think it would be easy enough to change your name on a credit card. However, some credit card companies require a copy of the original judgment of divorce to change the name on a credit card. Similarly, an EZ-Pass account cannot be changed without sending them a copy of your judgment of divorce.

As a practical point, often judgments of divorce bearing the gold seal are attached to the marital settlement agreement (MSA). This can create a privacy issue, as the client will be disclosing the MSA to various third parties. In some counties, the court provides a separate order (with a gold seal) allowing for a name change. As a practice point, perhaps practitioners should begin preparing a separate proposed order providing for the name change, which could be submitted to the court concurrent with submission of the proposed judgment of divorce.

Another practical tip is to have the MSA incorporated by reference, but not attached nor part of the judgment of divorce. Otherwise, your client may be forwarding the settlement agreement to MVC, Social Security, EZ-Pass, their credit card companies, banks

See Chair’s Column on page 107

Chair’s Column

Continued from page 105

and any other entity requiring a judgment of divorce in order to effectuate their name change. No litigant could possibly want these entities to be privy to the terms and conditions of their written settlement agreement.

In conclusion, be sure to provide guidance to your client after the judgment of divorce is entered, and follow these practice tips when representing a client seeking a name change in their family part litigation. ■

ENDNOTES

1.Sylvia Pressler and Peter Verniero, Current N.J. Court Rules, Comment R. 4:72-4, (Gann) at 1934.

2. As an aside, the law is in conflict regarding a divorce litigant’s request for a new name. In Holsue v. Holsue, 265 N.J. Super. 559 (Ch. Div. 1993) the trial court determined that a spouse or civil union partner seeking “to assume a surname not previously used must comply with the notice provisions of the general name change statute N.J.S.A 2A:50-1.”Howev-

er, the trial court in Raubar v. Raubar, N.J. Super. 353 (Law Div. 1998), disagreed with the holding in Holsue, finding that a spouse could assume any name pursuant to N.J.S.A. 2A:34-21, subject only to notice to law enforcement authorities if the spouse had been previously convicted or criminal charges are pending and provided the spouse is not perpetrating a fraud upon creditors or others.

3.Information regarding identification requirements is available at www.state.nj.us/mvc/pdf/Lice nses/ident_ver_posterpint. pdf.

CHAPTER 5:

OTHER SAMPLE FORMS

Plaintiff, v. ____________________, Defendant.

SUPERIOR COURT OF NEW JERSEY

CHANCERY DIVISION - FAMILY PART

COUNTY OF DOCKET NO. FM -

CIVIL ACTION

CASE MANAGEMENT ORDER

(R. [5:5-6] 5:5-7)

This matter being opened to the Court on ________________________, 20_____,

(a)during a case management conference before:

(b)during a telephonic conference with:

(c)by consent of both attorneys

Plaintiff being represented by _________________________________, of the firm of ___________________________________________, and the Defendant being represented by _________________________________, of the firm of ___________________________________________,

and good cause existing for entry of this Order,

IT IS hereby ORDERED that the above titled matter is assigned to the following track. (If custody is in issue the case shall be placed on the Priority Track.)

A.EXPEDITED TRACK (Discovery shall not exceed 90 days) If checked go directly to Page 3.

B.STANDARD TRACK (Discovery shall not exceed 120 days)

C.PRIORITY TRACK (Discovery to be set at first Case Management Conference)

D.COMPLEX TRACK (Discovery to be set at first Case Management Conference)

IT FURTHER APPEARING that on the issue of Custody and Parenting Time:

There are no children. The children are emancipated. DV Order in effect.

Custody is an issue. Custody not in issue.

All issues relating to Custody and Parenting Time have been resolved pursuant to the Custody/Parenting Time stipulation attached hereto.

The matter is referred to Custody/Parenting Time mediation.

The Custody/Parenting Time Plan, required pursuant to R. 5:8-5 is attached hereto/or will be submitted by ________________________.

IT FURTHER APPEARING that the following issues are in dispute:

Child Support

Alimony

Equitable Distribution

Counsel Fees

Cause of Action

Medical Insurance

Other Issues: ___________________________

Life Insurance

IT IS FURTHER ORDERED that the following be furnished no later than the dates indicated:

Case Information Statement filed? Plaintiff (Yes / No ) Defendant (Yes / No )

CIS to be filed by Plaintiff / Defendant / Both by ________________________, 20_____

Plaintiff / Defendant / Both - shall propound Interrogatories/Notice to Produce by ________________________, 20_____

Plaintiff / Defendant / Both - shall answer Interrogatories and comply with Notice to Produce by ________________________, 20_____

Plaintiff / Defendant / Both -shall complete Depositions by ________________________, 20_____

Plaintiff / Defendant / Both - shall produce proof of bank account balances, pension, or other records, such as: ____________________________________________________ by ________________________, 20_____

Plaintiff / Defendant / Both shall also:

Real Estate appraisals to be completed by

Personalty appraisals to be completed by

Business appraisals to be completed by

Pension appraisals to be completed by

Other (Expert Reports or related issues):

IT IS FURTHER ORDERED that this matter shall be scheduled before the County Early Settlement Panel on _______________________, 20_____, at ____________.

IT IS FURTHER ORDERED that a second Case Management Conference has been scheduled on ______________________, 20 ____, at _____________, before ________________________________

IT IS FURTHER ORDERED that all motions, emergent applications, plenary hearings and the ultimate trial of this matter, if necessary, shall be handled by Judge _____________________. All future correspondence to the Court shall be forwarded to the Judge assigned. The attorney appearing in Priority or Complex Track Cases should be familiar with and have full authority to participate in the case.

IT IS FURTHER ORDERED

We hereby consent to the form and entry of the within Order.

IMPORTANT

DO NOT provide an undisclosed address and telephone number of a party if a Domestic Violence Restraining Order is in effect.

Plaintiff: Defendant

Address: Address:

Phone: Fax No. Phone Fax No.

|Essex Family Division||Back to Essex Vicinage Main Menu|

Frequently Asked Question About the Family Mediation Program

What is the Mediator’s role?

Family mediation is a confidential process in which parents meet with a Family Mediator (a neutral third party) who helps them develop a custody and parenting time plan, which includes child custody and the time parents spend with their children (visitation). The mediator guides the process, facilitates discussion, manages conflict, looks for common interests and may suggest creative solutions. The mediator assists the parties in working out their own plan but does not make decisions for them. If they reach an agreement, it will reflect decisions made by the parents in their child’s best interest. Afterward, the mediator will prepare the agreement and send it to the parties and their attorneys.

Who participates in Family Mediation?

The parents and family mediator participate in the mediation process. Attorneys are not required to attend and children do not usually attend nor participate.

Where does the mediation take place?

Please note that the mediation takes place at 212 Washington Street, Room 1069, 10th floor, Newark, NJ.

Is mediation confidential?

The mediation process is confidential. Generally, there are two exceptions to this rule. The mediator may violate the confidentiality privilege if either parent alleges abuse or neglect of a child or to prevent a parent from committing an illegal act likely to result in death or serious bodily harm. The court rule provides that a mediator may not participate in any support hearing or a trial of the mediated issues or appear as a witness for either parent.

Is my attendance at mediation mandatory?

The first mediation session is mandatory under the court rule. Additional sessions may be scheduled but are not necessary.

What if I have a temporary or final restraining order (TRO/FRO)?

The court rule provides that cases that have a final or temporary restraining order are not appropriate for mediation.

Does my attorney need to attend the mediation session?

Attorneys do not need to attend. Any agreements reached by the parties are reviewed by the attorneys who are required to forward the final agreement to the court.

What happens if we are able to develop a parenting plan in mediation?

If parents are able to resolve their issues and reach an agreement, the mediator will draft the agreement. Parents and their attorneys will be provided with a copy and are given an adequate opportunity to review the agreement to determine that it accurately reflects their wishes. If parents and their attorneys are satisfied that the agreement is accurate, the attorney will incorporate the agreement into a Consent Order which the judge will sign. This Consent Order will be legally binding on both parties.

What if we are unable to resolve our parenting dispute in mediation?

If mediation does not resolve the issues, the mediator notifies the Court that “the parties were unable to resolve their issues in mediation”. At that point, the attorneys may schedule a hearing or trial to resolve the custody matter and develop a parenting plan.

Who should I contact if I have any other questions about Family Mediation?

Please contact the program at (973) 776-9300 ext. 57008.

|Essex Family Division||Back to Essex Vicinage Main Menu| Education

PARENT EDUCATION PROGRAM (Non-Dissolution/FD)

Wilentz Justice Complex

212 Washington Street

Room 1070, 10th Floor Newark, NJ 07102

Phone Number: (973) 776-9300 ext. 57045

The Parent Education Program ‘The Best of Us for Our Children’ provides information to assist parents(or other family members) in understanding custody, shared parenting time and child support issues. The program discusses the responsibility that both parents have in raising and caring for their child(ren). The program discusses the impact parental separation and disputes may have on children and familial relationships. Parents are encouraged to resolve their disputes with minimal judicial involvement. The program informs parents about court processes and procedures.

The program is a 40 minute seminar for people involved in new custody, parenting time, child support and paternity actions. The program consists of a video presentation and a discussion of court procedures, legal responsibilities, mediation, and positive parenting skills. Participants are scheduled to attend the seminar on the same day as their court date. A certificate and information packet is given to participants after the program is completed.

The workshop is designed to help parents respect the other party’s parenting rights, stay focused on the issues concerning their responsibilities to their children, and work together to establish a “mom and dad” co-parenting relationship that is in the best interest of their child(ren).

Parenting Education Programs are held:

Monday through Thursday 8:30 a.m. - 10:00 a.m.

PARENT EDUCATION PROGRAM (Dissolution/FM)

Wilentz Justice Complex

212 Washington Street Room 1070, 10th Floor

Newark, NJ 07102

Phone Number: (973) 776-9300 ext. 57041

As mandated by state law, all individuals (with certain exceptions) who have filed a complaint, counterclaim and/or answer in a divorce action where custody, parenting time or child support is listed as an issue, must attend a Parent Education Program. This session will provide information on the divorce process, including a mediation overview, parental responsibilities and effective transitions for children based upon age, stage and development. The session will also encourage cooperation and give parents an understanding of the impact of divorce upon children. The program is held monthly. Plaintiffs and defendants attend separate sessions.

SUPERIOR COURT OF NEW JERSEY

CHANCERY DIVISION, FAMILY PART ESSEX VICINAGE

Karen D. Smith

Robert N. Wilentz Court Complex Family Division Manager 212 Washington Street (973)693-6722 Newark, New Jersey 07102

Proposed Custody and Parenting Plan

This proposed Custody and Visitation Parenting Plan, is submitted, pursuant to New Jersey Court Rules, Rule 5:8-5, by Mother/Father in the matter of:

_____________________v._____________________, Docket No: FM-07_________________;

This is a good faith attempt to resolve our family’s issues with regard to the custody and parenting of our child(ren) through the Essex Vicinage Family Mediation Program.

Dependent Children’s Information

Name____________________________ Age _______ Born_____________________

Name____________________________ Age _______ Born_____________________

Name____________________________ Age _______ Born_____________________

Name____________________________ Age _______ Born_____________________

Name____________________________ Age _______ Born_____________________

Name____________________________ Age _______ Born_____________________

Parent’s Address and Employment Information

Name:

Address:

Telephone: Home# Work/Cell # ______________________

Employer: ___________________________________________________

TYPE OF CUSTODY (physical and legal):

The custody of the children in this case shall be as follows:

PHYSICAL CUSTODY:

[ ] [ ]Mother [ ]Father as the primary residential caretaker. (Children reside with one parent and shares time with the other parent.)

[ ] [ ]Mother [ ]Father being the Parent of Primary Residence (PPR) and the [ ]Mother [ ]Father being the Parent of Alternate Residence (PAR). (Children reside with one parent and spend substantial time -about one thirdwith the other parent.)

[ ] Other physical custodial arrangement (please specify):

LEGAL CUSTODY (Decision making about major issues such as religion, education, serious medical care.)

[ ] Joint legal custody (both parents have a say in making major decisions affecting the child/ren).

[ ] [ ]Mother [ ]Father has sole legal custody (only one parent has the right to make the major decisions affecting the child/ren/)

SCHEDULE FOR PARENTING TIME (previously called visitation):

Weekends:

Week nights:

Overnights: Summer Schedule (if different):

Vacations:

Summer Vacation:

[

Winter Break:

Spring Break:

Other:

Holidays, and Special Occasions (Specify year, Odd/Even/Every or Shared Day): With Mother With Father

New Year’s Eve__________________________________________________________

New Year’s Day__________________________________________________________

Easter Weekend__________________________________________________________ or Good Friday_____________________________________________________________

Easter Sunday____________________________________________________________

Thanksgiving Day_________________________________________________________

Christmas Eve____________________________________________________________

Christmas Day____________________________________________________________

Mother’s Day & Mother’s Birthday___________________________________________

Father’s Day & Father’s Birthday____________________________________________

Child(ren)’s Birthday______________________________________________________

Monday Holidays: Martin Luther King Day__________________________________ President’s Day_________________________________________ Veteran’s Day__________________________________________

Summer Holidays: Memorial Day/Wkend____________________________________

July 4th/Wkend_________________________________________ Labor Day/Wkend_______________________________________

Cultural Holidays: Passover______________________________________________ Rosh Hashanah_________________________________________ Yom Kippur___________________________________________

Hanukkah_____________________________________________ Halloween_____________________________________________

Ramadan______________________________________________ Kwanza_______________________________________________

]For purposes of this parenting plan, a holiday shall begin and ends as follows (set forth times):

[ ] Holidays which fall on a Friday or a Monday shall include Saturday and Sunday.

[ ] Other holiday specifics:

Other Possible Provisions:

Child(ren)’s Access to Maternal/Paternal Grandparents and extended family:

Transportation Arrangements:

Access to Medical/School Records:

Day to day decision making (children’s activities, discipline, diet, curfew, etc.):

Willingness to participate in follow up services:

Im pact to Children Due to Parental Change of Residence:

[ ] There would be no impact to the children if parents changed residences.

[ ] a change of residence of either parent would have an adverse effect on the children’s well-being in the following ways:

Any other pertinent information:

Plaintiff/Defendant Date

Plaintiff: : : :

VS. : :

Defendant: : :

ORDER OF THE COURT

SUPERIOR COURT OF NEW JERSEY

CHANCERY DIVISION – FAMILY PART DOCKET NO.:

PANEL (A)

IT IS HEREBY ORDER that pursuant to R. 5:5-5, counsel and their respective clients shall appear for an Early Settlement Panel Conference (ESP) on TUESDAY, , AT 8:30 a.m., COURTROOM 13, 10TH FLOOR

IT IS FURTHER ORDERED, THAT YOU MUST SUBMIT THE FOLLOWING TO THE PANELISTS listed in this Order, and to your adversary, at least ten (10) days prior to the conference:

1. STATEMENT OF OUTSTANDING ISSUES:

2.STATEMENT OF YOUR CLIENT’S POSITION AND DRAFT OF PSA:

3. RECENT CASE INFORMATION STATEMENT:

4. COPY OF CASE MANAGEMENT ORDER:

5.COMPLETED CHILD SUPPORT GUIDELINES WORKSHEET (IF APPLICABLE):

6. CUSTODY/PARENTING TIME CONSENT ORDER (IF APPLICABLE):

IT IS FURTHER ORDERED that:

7.IF THE MATTER DOES NOT SETTLE AT ESP, IT SHALL BE REFERRED TO ECONOMIC MEDIATION IN ACCORDANCE WITH COURT RULES:

8. FAILURE TO COMPLY WITH THIS ORDER WILL RESULT IN FINANCIAL SANCTIONS.

IT IS FURTHER ORDERED that:

9.A. ALL DISCOVERY MUST BE COMPLETED PRIOR TO ESP. IF INCOMPLETE, YOU ARE HEREBY ORDERED TO CONTACT YOUR TRIAL JUDGE TO SEEK AN ADJOURNMENT OF YOUR ESP DATE, WHICH MAY BE GRANTED OR DENIED:

B. ALL ADJOURNMENT REQUESTS MUST BE IN WRITING and submitted 15 days prior to the hearing date.

DATE:

Docket No: FM-07-

EARLY SETTLEMENT PANEL STATEMENT

Panel Date:

Plaintiff: Defendant:

Attorney:

Attorney for:

1. Brief Statement of Facts:

2.Issues in Dispute:

Cause of Action Equitable Distribution Custody

Marital Tort Alimony Counsel Fees

Child Support

3.

Other:

Number of Children:

Ages of Children:

8.State what issues relative to alimony, child support and equitable distribution have been resolved and the resolution thereof:

9. State your position with regard to the contested issues and proposed settlement as to the following:

a. Child Support:

b. Alimony:

c.Medical/Dental Insurance and Expenses for the Children:

d.Medical/Dental Insurance and Expenses for Spouse:

e. Child Care Expenses:

f. Private School Tuition:

g. College Tuition:

h. Equitable Distribution:

i. Marital Residence:

ii. Other Real Property:

iii. Bank Accounts:

iv. Automobiles:

v. Businesses:

vi. Pension Plans/Retirement Accounts/IRAs:

vii. Significant Personal Property (cars, bonds, accounts, contents of house, etc.):

viii. Investment Accounts:

ix. Debts:

i. Life Insurance Coverage for Both Parties:

j. Tax Exemptions/Dependent Deductions:

k. Counsel Fees:

10.Copies of relevant pendente lite Orders are attached.

Signed and dated:

Dated:

WHAT IF I DO NOT ACCEPT THE RECOMMEN DATIONS OF THE PANEL

Make no mistake, the choice is yours. The wisdom and utility of the Early Settlement Panel inheres in the fact that it is truly voluntary. The recommendation of the panelists is not binding on you and your spouse. You are not obliga ted to accept it. You have the right to a trial. However, the goal of the Early Settlement Panel program is to arrive at a fair and just settlement in the shortest possible time at the lowest possible cost. You are urged, therefore, to carefully conside r the recommendations of your panelists. If your case is not settled with the assistance of the Early Settlement Panel, your matter will be scheduled for trial.

WHAT HAPPENS IF WE ACCEPT THE RECOMMENDATIONS OF THE EARLY SETTLEMENT PANEL?

If you and your spouse, as guided by counsel, agree to accept the recommendations of the Early Settlement Panel, the settlement will be immediately placed “on the record” before a judge. That is, both you and your spouse will testify, under oath, that you understand the t erms of the settlement and that you agree to be bound by it. At that time, the evidence with respect to the cause of action for divorce will also be heard by the judge. Usually you will be divorced on the very day that the matter was heard before the Ear ly Settlement Panel.

WHAT I S THE PROCESS OF THE ES P?

The volunteer attorneys hear both sides of a case. They review documents including each party’s Case Information Statement, Answers to Interrogatories, financial reports and the like. The attorneys listen to the lawyers for both sides and will, in app ropriate circumstances, speak to you and your spouse directly.

The members of the Early Settlement Panel will then confer among themselves and make a recommendation for settlement of your case. It is important for you to know that the recommendation of th e Early Settlement Panel will be a reasoned one, based upon the panelists’ awareness of the applicable law, the fairness and equity of the particular fact situation, and the likely decision by a judge should the matter be tried to a conclusion. (Please be ar in mind that the Early Settlement Panel deals only with the financial and property distribution aspects of matrimonial cases. The panelists do not regularly deal with issues of child custody or parenting time, except in the most exceptional of circumst ances).

You are urged to consider carefully the recommendations of the Early Settlement. Your attorney will explain to you the advantages or disadvantages of accepting the recommendation of the Early Settlement Panel.

WHAT IS ESP?

The ESSEX

COUNTY EARLY SETTLEMENT PANEL (ESP) is an alternative dispute resolution program.

The goal of the Early Settlement Panel is, as the name implies, to try to effect a settlement or resolution of the matters in dispute between you and your spouse as soon as possible and in the most efficient manner. Matrimonial cases should be settled, if at all possible, because of the finality and certainty provided by a settlement. Except in the most extraordinary of circumstances, settlements conc lude the litigation and avoid a trial and possible appeal. A settlement also eased the emotional burden associated with litigated matrimonial matters.

WHO ARE THE PANELISTS?

The Early Settlement Panel is comprised of attorneys who are experienced in famil y law practice. These men and women volunteer their time to participate in the program and receive absolutely no compensation for their efforts. Their goal is a simple one: To effect justice between the parties at the lowest possible cost (both emotiona l and financial) and to help the parties come to a fair settlement of the matters in dispute between them. Most panels in Essex County consist of two panelists, although occasionally a single attorney may serve as the panel.

To recapitulate:

ESSEX COUNTY MATRIMONIAL EARLY SETTLEMENT PANEL

1. You will meet with the panel.

2. You do not have to accept the recommendation of the panel.

3. If you and your spouse accept the recommendation of the panel, your divorce will be finalized that very day, provided that there is sufficient evidence to warrant a judgment for divorce.

4. If you do not accept the recommendation of the panel, your case will be assigned out to trial but not necessarily on the same day that you are in Court for the Early Settlement Panel.

In conclusion, we hope that you will seriously consider the great value of the Early Settlement Panel. Please remember that a settlement permits much greater input by you and your spouse into the resolution of the issues in controversy then does a decision made by a judge. By settling a case, you and your spouse actively participate in the decision making process. This is not the case when your matter is decided by a judge whose decision will be based solely upon the evidence presented before the Court at the time of trial. The volunteer lawyers of the Essex County Early Settlement Panel invite your careful scrutiny of these preliminary comments and your careful evaluation of their recommendations.

CHAPTER 6:

VOLUNTEERING WITH VLJ

P.O. Box 32040 Newark, NJ 07102

Telephone (973) 6451955

Become a Pro Bono Volunteer Today!

Given New Jersey’s high level of poverty and staggering rate of selfrepresentation in court proceedings, there has never been a time when pro bono representation is more essential to justice and fairness in our legal system. Volunteer Lawyers for Justice (VLJ) provides free legal services to lowincome adults, children, and families in New Jersey to ensure fair and equal treatment within the legal system. Our legal services range from legal advice to full representation on a variety of civil legal issues. In 17 years, VLJ has grown from a small EssexCountybased nonprofit to an awardwinning statewide pro bono leader. While VLJ’s staff could give you a list of reasons to volunteer, we thought it would be better for you to hear directly from our clients.

“The respect and dignity I was shown during the clinic helped restore hope and showed promise for resolution; having someone to have my back during this trying time was invaluable. My life is truly changed.”

Jason, VLJ’s Veterans Legal Program

“There are many people out there who also aren’t being heard and VLJ lawyers can give them a voice, like mine gave me.”

Margaret, VLJ’s Children’s Representation Program

VLJ Support for Volunteers

As a NJ Supreme Court approved pro bono provider, VLJ offers our volunteers:

 Comprehensive live, video, and written training materials and access to skilled mentors

 Malpractice insurance

 An exemption from Madden assignments from the court after 25 hours of pro bono service in the preceding year

 Interesting and inspiring legal work that fits with each individual volunteer’s schedule

In 2017, 520 bono attorneys volunteered their time and expertise to help 4,400 people through VLJ’s 11 distinct legal programs! Together, we can take cases and change lives in New Jersey! To become a volunteer, complete a short volunteer form today at http:// www.vljnj.org/volunteerform/ and a VLJ staff member will contact you to get you started.

Your Financial Support is Crucial to VLJ’s Success!

VLJ is a 501 (c)3, notforprofit corporation supported through generous contributions from law firms, corporations, foundations, and individuals like YOU! To make a taxfree donation today, visit www.vljnj.org and click “Donate.” Volunteer Lawyers for Justice www.vljnj.org

Current VLJ Opportunities

Working Through Financial Crisis

Consumer Law Program: Volunteer attorneys provide legal advice and limitedscope legal services to lowincome debtors representing themselves in Essex County Special Civil Court. No prior consumer law experience is needed to volunteer at this legal clinic. VLJ also seeks attorneys to take high priority cases in which the client cannot represent him/herself in court. Bankruptcy Program. Volunteer attorneys represent clients seeking to file for Chapter 7 bankruptcy. Volunteer attorneys draft bankruptcy petitions, appear at Section 341 meetings, and represent clients through discharge. No prior bankruptcy experience is needed to volunteer, but volunteers for this program must be admitted to the US District Court for New Jersey.

ReLeSe (Reentry Legal Services Program): Created in partnership with thenNewark Mayor Cory Booker’s office, ReLeSe helps NJ residents with criminal backgrounds address some of the civil legal barriers that serve as obstacles to their successful community reintegration, including criminal record expungement and driver’s license restoration. The expungement portion of the program is currently filled with volunteers, but VLJ seeks volunteers willing to assist clients in municipal court with driver’s license restoration issues.

Advocating for Veterans

Veterans Legal Program. VLJ coordinates a variety of programming geared towards meeting the legal needs of veterans, including legal clinics in Newark and at the East Orange VA Hospital. Following those clinics, numerous veterans need additional legal services, with the highest areas of need being driver’s license restoration, child support modification, and litigation involving debt.

Current VLJ Opportunities

Aiding Women, Children, and Families

Children’s Representation Program: I n this statewide program, volunteer attorneys represent children with disabilities who have been denied the special education services to which they are entitled and/or represent children who are victims of harassment/bullying in a school setting. No prior education law experience is required, and new volunteers are paired with skilled mentors. Divorce Program. In this popular program, VLJ coordinates advice and assistance legal clinics in Essex and Union Counties to assist pro se family law litigants with drafting pleadings. Prior family law experience is not required to volunteer at the clinics. VLJ also places high priority cases (in which the client cannot represent him/herself effectively in court) for full representation. New Jersey Trafficking Victim’s Legal Assistance Program. VLJ assists victims of human trafficking with an array of legal issues, including vacatur of criminal records, housing, public benefits, consumer law, family law, and immigration issues. Referrals are accepted throughout the state. VLJ attorneys cocounsel all vacatur cases and training for working with this client population is available.

Tenancy Program: Volunteer attorneys provide limitedscope legal assistance to clients facing eviction in Essex County at this monthly legal clinic. With 40,000 eviction cases filed each year in Essex County and only 1% of tenants having legal representation, VLJ is seeking additional attorneys to represent tenants in eviction and habitability cases in court.

VOLUNTEERING WITH VLJ

New volunteers should register online at http://www.vljnj.org/become-a-pro-bono-volunteer/.

Go to the “Volunteer” tab of the website and follow steps to view VLJ’s brief informational video. When complete, you will be directly to fill out VLJ’s Volunteer Form. Upon submission of the form, you will receive a link to VLJ’s Volunteer Handbook which should be reviewed, and you will be contacted by a VLJ representative within 2 weeks about your interests and how to get started.

As a registered volunteer, you will be able to access VLJ’s list of available volunteer opportunities, login to VLJ’s Volunteer Resources portal and added to our listserv to receive updates regarding trainings, events, and more.

Thank you for your support of VLJ and the clients we serve!

CONTACT INFORMATION

Volunteer Lawyers for Justice

Website: www.vljnj.org

Staff contacts:

Victoria Carvajal, Staff Attorney vcarvajal@vljnj.org or (973) 645-1951, ext.112

Jill Heredia Lopera, Legal Assistant jheredialopera@vljnj.org or (973) 645-1951, ext. 115

Additional Resources

Essex Vicinage Family Division: http://www.judiciary.state.nj.us/essex/family/

Essex Vicinage Family Division Index: http://www.judiciary.state.nj.us/essex/family/directory.html

New Jersey Courts: http://www.judiciary.state.nj.us/

NJ Child Support Enforcement: http://www.judiciary.state.nj.us/probchild

NJ Child Support, Department of Human Services, NJKIDS: http://njchildsupport.org

NJ Child Support Guidelines: http://www.judiciary.state.nj.us/csguide

NJ Department of Labor and Workforce Development, Occupational Employment Statistics Wage Survey: http://lwd.state.nj.us/labor/lpa/employ/oeswage_index.html