Divorce Different

by Jef Henninger, Esq. Serving all of New Jersey.

Archive for December 17th, 2009

The Case Information Statement

Posted by jefhenninger on December 17, 2009

The Case Information Statement is also known as a CIS. It is the most critical document in a divorce case. New Jersey Court Rule 5:5-2 requires that both parties file a CIS’ in just about  every divorce case (unless it is not contested or it does not involve any issues as to custody, support, alimony or equitable distribution).  

The CIS identifies all assets and liabilities of the party in addition to all income and all expenses under the broad categories of shelter, transportation and personal expenses.  In other words, a full and complete financial  picture of each party is shown to everyone involved in the case. This allows the attorneys and the Court to identify the assets and liabilities that may be at issue in the case. 

If done correctly, it should probably take several hours (if not days) to fill out.  Each party must file a CIS within 20 days after the filing of the answer or appearance.  The parties’ tax returns, their last three pay stubs, their pension statements, and their mutual fund and stock statements must be attached as exhibits to the CIS. This allows anyone

A CIS can be very complicated to fill out and it should be done with the assistance of a New Jersey divorce attorney.

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The Divorce Complaint

Posted by jefhenninger on December 17, 2009

In New Jersey, the filing of a divorce complaint starts the divorce case. A complaint for divorce is filed in the county court otherwise known as Superior Court.  You cannot just file divorce in any county. Your options are as  follows:

1. File in the county in which the plaintiff lived when the cause of action arose; or

2. If the plaintiff was not then living in New Jersey, the county in which the defendant was living when the cause of action arose; or

3. If neither party was living in New Jersey when the cause of action arose, then the complaint shall be filed in the county where the plaintiff presently resides; or

4. In the county where the defendant is living if the plaintiff no longer lives in the State.

The specific requirements regarding the content of the divorce complaint are found in New Jersey Court Rule 5:4-2.  Among other things, the divorce complaint requires a statement as to the essential facts which form the basis for the complaint for divorce (i.e. the cause of action), the addresses of the parties, and the address, date of birth, and information as to where and with whom the child resides (if there is a child).

As articulated in the causes of action article,  where adultery or deviant sexual conduct is alleged, the pleading must also name the adulterer or the correspondent. The complaint must also state the name of the person as the correspondent with whom such conduct was committed, if known, and if not known, shall state available information tending to describe the person, including details of the time, place and circumstances under which acts or series of acts were committed. 

Your attorney will draft everything for you so you do not have to worry about the exact format.  The person who files the complaint  is known as the Plaintiff.  The person who files the answer is known as the Defendant.  Unlike civil or criminal cases, either designation is mostly meaningless.

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