On June 5, 2020, the Administrative Office of the Courts issued Directive #18-20 to assist the resolution of divorces which have a signed settlement agreement, or where a non-responding party, should have a default judgment entered. This directive allows parties to request a divorce without a formal appearance before the court, but leaves it in the Judge’s discretion to conduct a telephonic of video conference. This procedure also allows the spouse seeking to resume any name used before the marriage, to do so, consistent with New Jersey Law.
The Court will require several documents to be submitted to secure a divorce by this mechanism, including the following:
- Verified Complaint for Divorce, Annulment, Dissolution of a Civil Union, or Domestic Partnership;
- Proof of Service of the defendant;
- In adultery cases, notice to the alleged adulterer and proof of service, which shall include that the alleged adulterer has not moved to intervene (file a court document) or otherwise respond to the notice;
- Request to Enter Default (Only required if filing for a default divorce);
- Certification of Affidavit of Non-Military Service with proof of the appropriate search (Only required if filing for a default divorce);
- Certification of Non-Collusion, R. 5:4-2 (c);
- Certification or Affidavit of Insurance, R. 5:4-2 (f);
- Confidential Litigants Information Sheet (CLIS), R. 5:4-2 (g);
- Certification of Divorce Dispute Resolution, R. 5:4-2 (h);
- Certification that the plaintiff signed the complaint and all the allegations in the complaint are true (Only required if filing for a default divorce);
- An original of the Proposed Final Judgment of Divorce, Annulment or Dissolution of a Civil Union or Domestic Partnership that states that the matter was heard on the papers submitted and that the court made no finding on the merits;
- Uniform Summary Support Order, if applicable, (if filing for an uncontested divorce) and Child support guidelines worksheet, and if there is a deviation from the guidelines, a statement of reasons for the deviation, if applicable; and
There is a specific certification which parties need to submit to the court, which is included in the directive. Our attorneys at Shane and White, LLC will continue to work on resolving matters of immediate, emergent concern and will be in contact with the court to finalize all pending divorces. Please call us at (732) 819-9100 or contact us through our website if you seek assistance in resolving your matter. We are available to answer your questions and help you navigate this uncertain time.