Divorce kit/NJ
From NJ, too.
Try a Divorce Center? I don't know if there is a center located near you but I'm including a toll free telephone number for your use. It's 800-762-3111. This particular # is to the center located in Vineland, NJ but there may be other branches located near you.
The cost to file with your local court will be $160.00 (if this hasn't changed since I last worked)
The body of complaint will need information,ie: names, SS#s, date and place of marriage, religious or civil ceremony. You will need to state your residence and his along with the fact that you haven't resided together for 2 years. And, that all property has been divided mutually and satisfactorily between the two of you. You must state that there is no chance of reconciliation now or in the future. You may have to complete Appendix A; a statement of why you are seeking this divorce and, again, that you been living separate and apart for 2 years....
Your husband, and you should be made aware of this by him, must be willing to accept service of the complaint and if he wants this divorce, too, he should just do nothing ---make no response even if he wants to state his agreement to the divorce, as in "default" on the time to respond. (BE SURE TO ASK ABOUT THIS PART via a professional in these matters) Should he respond,????? It may take longer and then the process of (usually) discovery starts--pensions evaluated, bank accounts, etc., possibly going through what is called an MESP...(Matrimonial Early Settlement Panel: where family law attorneys review your matter, make suggestions, settle and/or negotiate matters in dispute, if needed--you go here before setting the divorce matter for trial (if you cannot come to an agreement/settlement at this MESP) which comes at a much later date) If this is going to be uncontested and is mutually agreed upon by the both of you, you really do not need to incur high expenses. However, if you or he have questions concerning this, there is, again, the Divorce Center where the both of you can go together and they'll advise you of what to do and not to do. But, make sure that you answer fully to any questions they may have even if you think the question does not have anything to do with what is going on at this time.
OR, as you stated in your post, both of you can go a attorney and they'll be able to advise you along with informing you of their retainer/fees for this uncontested matter. But, please do see someone if you have questions.
I am not sure if you still have to fill out the case information statement(the list of assets, financial info,etc.) but if you do, that information will only pertain to YOU even if you have "nothing" with the soon-to-be-ex. I know that it looks and is confusing but it has become a required part of the filing with the Complaint in Divorce along with an insurance affidavit. But you may be able to forego this. It has been my working experience only that the courts now require this as it is "full disclosure."
You can contact the family part clerk in your area and see IF they will be kind enough to answer the questions concerning the CIS. He/She, sometimes, will be more than happy to help. But, then again, they may not be open to providing this information as it may come under "legal advice" even though they do know the answer.
OR, again, you can contact the telephone number I provided and they will be able to answer your questions or set up an appointment with you and your husband.
The Divorce Centers do charge a fee but it is "much...." cheaper than going to an attorney even though all documents are reviewed by an attorney before the filing (as I was once told). Again, you will be responsible for the filing fee with the Court and this charge is separate from the one the center will quote you. Be sure to ask about this, too.
I hope this helped you out a little -- I AM NOT AN ATTORNEY so I can't give legal advice and what I information I provided is only knowledge acquired from working for a family law attorney.
If you are required to complete the CIS, and maybe need some help, I will be more than happy to help you once you find out if it is needed. Contact me/leave a message for me along with your e-mail address. (I can do those things in my sleep)
