Glossary · New Jersey

Every term you will meet, in one paragraph each.

New Jersey specifically — not a generic law dictionary. Where a definition rests on a statute, rule or form, it is named so you can check it.

Uncontested divorce

In New Jersey, a divorce in which neither spouse asks the court to decide anything: both want the divorce and have already agreed on property, debts, support and, if there are children, custody and parenting time. The court is asked to approve the agreement, not to resolve a dispute. Most are decided on the papers without a hearing under Directive #01-25.

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Irreconcilable differences

New Jersey's no-fault ground for divorce. The complaint states that irreconcilable differences have caused the breakdown of the marriage for a period of six months or more, that there is no reasonable prospect of reconciliation, and that the marriage should be dissolved. No separation is required.

Source: N.J.S.A. 2A:34-2(i). More →

Complaint for Divorce

The document that opens a New Jersey divorce case. Filed by the plaintiff in the Superior Court, Chancery Division, Family Part of the county where either spouse lives, it states the ground, the facts the court needs (residency, marriage date, children) and what the plaintiff asks for. Filing fee: $300.

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Plaintiff and defendant

In a New Jersey divorce the spouse who files the complaint is the plaintiff and the other spouse is the defendant. In an uncontested case the labels carry no blame; someone has to file first.

Docket number

The case number the court assigns at filing, in the form FM-[county code]-[number]-[year]. FM is the Family Part's dissolution docket; each of New Jersey's 21 counties has a two-digit code. It goes on every document filed afterwards.

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JEDS

The Judiciary Electronic Document Submission system — New Jersey's online portal for filing court documents, including divorce complaints, in all 21 counties, 24 hours a day. Self-represented litigants can use it; the filing fee is paid by card.

Source: njcourts.gov/self-help/jeds. More →

Service of process

Formal delivery of the summons and complaint to the defendant so the court has proof they were told. In an amicable New Jersey divorce the defendant usually signs an Acknowledgment of Service; otherwise service is by sheriff, process server or, where permitted, certified mail.

Source: R. 4:4-4. More →

Acknowledgment of Service

A short document the defendant signs confirming they received the summons and complaint on a stated date. Filed with the court, it completes service without a sheriff or process server. The date on it starts the 35-day response window.

Appearance

The defendant's filing in an uncontested New Jersey divorce stating that they do not contest the divorce and, typically, that they have agreed to the settlement terms. It is the alternative to a full Answer. Filing fee: $175.

Request to Enter Default

The plaintiff's request, made after the defendant's 35 days to respond have passed with no Answer or Appearance, that the court record the defendant's default. The case then proceeds on the plaintiff's documents. Federal law adds protections where the defendant is on active military duty.

Source: R. 4:43-1.

Marital Settlement Agreement (MSA)

The written contract between divorcing spouses setting out how property and debts are divided, whether either pays support, and — if there are children — custody and parenting time. Signed by both and notarised, it is incorporated into the Final Judgment of Divorce. Also called a Property Settlement Agreement.

Case Information Statement (CIS)

New Jersey's sworn financial-disclosure form in Family Part matters, with five parts covering case information, insurance, income, monthly expenses, and assets and liabilities. Required where support or property division is at issue; often not required in a fully settled uncontested case.

Source: R. 5:5-2. More →

Confidential Litigant Information Sheet (CLIS)

Official form CN 10486, filed by each party, carrying the identifying details the court needs — including Social Security number and date of birth — which the court keeps out of the public file. One per litigant.

Source: CN 10486.

CDR Alternatives Certification

Official form CN 10889, in which each party certifies that they have been informed about complementary dispute resolution — mediation and similar alternatives to litigation. Required with every New Jersey divorce complaint and answer.

Source: CN 10889; R. 5:4-2(h).

Certification in Support of Judgment

Official form CN 12620, sworn by each party in an uncontested case, confirming the facts the judge needs to enter the Final Judgment of Divorce on the papers without a hearing — the ground, residency, the agreement, and that it was entered voluntarily.

Source: CN 12620; Directive #01-25.

Divorce on the papers

A New Jersey Final Judgment of Divorce entered on the submitted documents alone, with neither spouse appearing in court. Available in uncontested cases where the papers are complete and both parties consent, under Administrative Directive #01-25. A judge may still order a short hearing.

Source: Directive #01-25. More →

Final Judgment of Divorce (FJD)

The court order that dissolves the marriage. In an uncontested New Jersey case it is usually a proposed form the couple submits, signed by the judge, incorporating the settlement agreement. Certified copies from the county Family Division are what banks, agencies and the MVC require afterwards.

Equitable distribution

New Jersey's rule for dividing marital property: fairly in the circumstances, weighing sixteen statutory factors — not automatically in half. New Jersey is not a community property state. Property acquired during the marriage is generally subject to distribution regardless of title; premarital property and third-party gifts or inheritances kept separate are generally exempt.

Source: N.J.S.A. 2A:34-23.1. More →

Alimony

Support paid by one former spouse to the other. New Jersey has no alimony formula; a court weighs fourteen statutory factors. Four types exist — open durational, limited duration, rehabilitative and reimbursement — and for a marriage under twenty years the total duration ordinarily may not exceed the marriage's length. Most amicable couples waive it in both directions.

Source: N.J.S.A. 2A:34-23(b)–(c). More →

Child Support Guidelines

The New Jersey rules, at Appendix IX to the Court Rules, that calculate child support from both parents' incomes on an income-shares model, using the sole-parenting worksheet (IX-C) or the shared-parenting worksheet (IX-D). The result is presumed correct; a court may deviate with stated reasons.

Source: R. 5:6A; Appendix IX. More →

Parenting plan

The written arrangement for children after a divorce: legal custody (who makes major decisions), residential custody (where the children live), the parenting-time schedule, holidays, exchanges, communication and how disagreements are handled. In New Jersey it is incorporated into the settlement agreement and judgment.

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Parents' Education Program

The class New Jersey requires divorcing parents of minor children to attend, addressing the effects of divorce on children. Fee: $25 per parent. Completion is generally required before the Final Judgment is entered.

Source: N.J.S.A. 2A:34-12.1 et seq.. More →

Divorce from bed and board

An unusual New Jersey remedy that divides property and settles support and custody like a divorce but leaves the marriage legally intact, so neither spouse may remarry. Used mainly to preserve a benefit that depends on being married, such as health insurance. New Jersey has no separate 'legal separation' status.

Source: N.J.S.A. 2A:34-3. More →

Annulment

A court declaration that a marriage was never valid, available in New Jersey only on specific statutory grounds — bigamy, close relation, incapacity, fraud going to the essentials of the marriage, underage marriage. A short marriage is not a ground; divorce is usually the answer.

Source: N.J.S.A. 2A:34-1. More →

Fee waiver

The court's permission to file without paying the $300 fee, granted on a sworn application showing genuine inability to pay. Applied for at the county Family Division; Legal Services of New Jersey helps with the application.

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Name restoration

A New Jersey divorce judgment can restore either spouse's prior or birth name at no extra cost when it is requested in the complaint. The separate Judgment for Name Change (CN 13146) documents it. Change Social Security records before the MVC.

Source: CN 13146. More →

Pendente lite

Latin for 'while the case is pending': temporary orders for support, custody or use of property that apply until the final judgment. Rare in uncontested cases, where the couple has agreed everything already.

Self-represented (pro se)

A party who appears in court without a lawyer. New Jersey allows self-representation in divorce, provides self-help resources, and treats self-represented litigants as bound by the same rules as attorneys. An attorney cannot represent both spouses in a New Jersey divorce.

General information about New Jersey practice, not legal advice. Clear Parting Docs is not a law firm.