A Comprehensive Overview of Divorce Documentation and Forms

While Divorce Is Never Easy, Having Complete Documentation Eases the Burden, Empowers You, And Facilitates a Smoother Divorce

There is no such thing as an easy divorce.  No matter how prepared you may be, the intricacies, procedures, and paperwork can be overwhelming.  But if you are prepared, the divorce process can be somewhat less arduous.  In the beginning, gathering all of the documents, receipts, and financial records can be tedious, but the better picture you give the court about your family’s economic standing, the more apt they are to make a fair decision regarding a settlement and possible spousal support.

When you gather the documents you need and plan for your future with your divorce attorney, you feel a sense of dominion over your destiny rather than feeling helpless and out of control. Possessing the information needed to make intelligent decisions about your future is empowering.  It also allows you to choose a strategy with your attorney and map out a plan of action that gives you the ascendance required to obtain a positive result.

Essential Forms That Need to be Filed for a New Jersey Divorce

• The first form is the Complaint for Divorce.  This document contains the reasons for divorce and if it is a fault or no-fault divorce.  Irreconcilable differences are considered a no-fault divorce, while an at-fault divorce would be caused by extreme cruelty if your spouse is in jail, adultery, fraud if you have been separated for more than 18 months, and others.
• The Certification of Verification and Non-Collusion tells the court there is no other legal action regarding your marriage and that you are filing for divorce for legitimate reasons.
• The Summons and Proof of Service form notifies your spouse that you have filed for divorce.
• The court requires you to submit a Certification of Insurance Coverage, which indicates the insurance policies that you hold presently.  These policies usually include auto, life, health, disability,  homeowner’s, or renter’s insurance.  If the information is not readily available, it can be included later.
• The New Jersey Family Court encourages divorcing couples to use alternative forms of dispute resolution other than litigation to avoid overburdening the court’s dockets and expediting the legal process. The Certification of Notification of Complementary Dispute Resolution Alternatives is an official verification that both parties read a document about resolution alternatives to conventional litigation.
• The CIS, or Case Information Statement, is an exhaustive document that provides detailed financial information about child custody, alimony, and child support, as well as the distribution of assets, debts, and property.
• The Confidential Litigant Information Sheet contains personal identifiers such as the parents’ and children’s dates of birth, social security numbers, and other private details.
• You can submit a Request for Waiver of Fees if you have less than $2,500 in the bank and your income is below the poverty level by 150%.  Waivers are not usually granted, but you may qualify, and it can save you a substantial amount.
• The last form is a cover letter called the Filing Letter To Court. It contains your name, address, the county where you are filing for divorce, and your spouse’s name.

A Step-by-Step Guide to Gathering Documents for Family Court

It may seem as though the paperwork and requirements are never-ending. Still, you and your attorney must give the judge as clear a picture as possible about you, your family, and your financial situation so that they can make a fair decision regarding alimony, child support, the distribution of assets, and child custody/visitation.

You will need to make copies of your personal documents, such as your birth certificate, marriage license, driver’s license, and social security cards for each family member. If you are not a naturalized citizen, you should include your visa, passport, or other paperwork regarding your citizenship.

In-Depth Financial Documentation

The most extensive documentation is in the financial area: the deed to your house and other properties that are jointly owned or individually owned, any home appraisal you have had, your mortgage statements for the past 36 months, and any valuable joint or personal property inside the house, such as appliances, computers, family heirlooms, etc. To calculate their value, cars should include the registration, make, model, year, and mileage.  Horses and livestock (cows, sheep, alpacas, goats, and others) should also be included with their relevant documentation and cited as individual or shared property. Any businesses owned by the family or either spouse must be included in the financial information. A forensic accountant should provide an analysis of the business’s financial status and pertinent tax documents.

Debts such as your mortgage, car loans, business loans, personal loans, student loans, gym memberships, credit cards, in-store credit, and utility bills are another important component. Ideally, you should make a budget listing the monthly expenses for at least six months to give the judge a better idea of your standard of living.

Statements for the past three years for retirement accounts, offshore accounts, 401Ks, IRAs, stocks, bonds, and all retirement savings must be submitted, along with tax documents for the last 5 years and shared and personal bank accounts (checking and savings). Statements for online accounts such as PayPal and Venmo, cryptocurrencies such as Bitcoin, and digital wallets are required.

Employment documents such as your employer’s name, where you work, your contract, social security statements, and your last three pay stubs or documents.  Your state and federal tax returns and W-2 should also be included.

For the court to properly assess child-related expenses, documentation for out-of-pocket healthcare and dental care, daycare, private school tuition, and related costs such as uniforms, extracurricular activities such as sports or music lessons, savings for college, clothing, and gifts should all be accounted for. If you had a prenuptial or post-nuptial agreement, they must be included in your financial information.

Seek the Assistance of a New Jersey Divorce Lawyer to Help Organize Your Important Divorce Documents

Some find the list of forms and paperwork overwhelming. The attorneys at The Montanari Law Group can help keep you organized and ensure that nothing is missed. We are meticulous and organized, and we know exactly the information you need to support a favorable overall outcome in Woodland Park, Clifton, Ringwood, Nutley, South Orange, Hawthorne, West Milford, and nearby towns across Northern New Jersey.

Most of the judge’s decisions are financially related: alimony, child support, and the distribution of assets are calculated based on the financial information you submit. We can present the information clearly, concisely, and accurately. You can rely on our professionalism, empathy, and knowledge of the law to take you to the finish line and on to a new chapter. Call us today at (973) 233-4396 to get started, or follow this link to reach us. Contact us today for your free consultation.