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NJ divorce, Certification no Case Information Statement required
Anonymous2 views3 answers
My wife and I want to get divorced. We live in NJ, got married in 2012. No children, no assets, both work and make about $400 a week (wife is a babysitter and I work in the restaurant). We brought all documents to the court and on Saturday received a letter asking me (plaintiff) to bring "Certification no Case Information Statement required". Where can I find it? I brought Confidential Litigant Information Sheet with other documents, they told me everything was ok but now the court wants a certification. We prepared documents by ourselves using the NJLS book. Please help. Thank you.
Under Court Rule 5:5-2(a), in nearly every contested divorce, you are required to file a Case Information Statement (commonly referred to as a "CIS"), which is a detailed statement of income, assets, and liabilities. Specifically, the Rule states: "The case information statement required by this rule shall be filed and served in all contested family actions, except summary actions, in which there is any issue as to custody, support, alimony or equitable distribution."
You may have noticed, however, that the Court Rule says that a CIS is required in "contested" family actions. If the matter is uncontested (meaning there are no disputes that the Court is required to decide), you do not need to file a CIS.
If a CIS is not required, the Court Rules allow you to file a certification stating so instead of actually filing a CIS. Specifically, Court Rule 5:5-2(b) provides as follows: "Except as otherwise provided in R. 5:7-2, an initial case information statement or certification that no such statement is required under subparagraph (a) shall be filed by each party with the clerk in the county of venue within 20 days after the filing of an Answer or Appearance or at any other time designated by the court."
The Court is simply asking that you comply with Court Rule 5:5-2(b) and provide a certification that no Case Information Statement is required. You can prepare such a certification yourself. Type up (or write) a document stating as follows:
"This statement is being issued as required by Court Rule 5:5-2(b). Because this matter is uncontested, no Case Information Statement is required under Court Rule 5:5-2(a).
I hereby certify that the foregoing statements made by me are true. I am aware that if any of the foregoing
statements made by me are willfully false, I am subject to punishment.
Respectfully submitted,
[YOUR NAME]
[SIGNATURE]
[DATE]"
Of course, I do not know the facts of your case beyond what you have written above. Only you can determine whether such a statement is truthful and accurate. Do not issue the statement unless it is truthful and accurate. Further, I make no guarantees as to the acceptability of the language above. I have offered it here, again, based on my limited understanding of the situation. It remains possible (although unlikely in my opinion) that I have misunderstood what the Court is requesting.
You can reach Somerset County Family Case Management at 908 231 7600. Ask them how they would like to receive the certification. Perhaps you can fax or mail them a copy to avoid another trip to the Courthouse.
For future reference, I have provided a link to the Rules of Court below.
I am glad to hear that you both are mature enough to work out you divorce between yourselves. I concur with the recommendations of my distinguished colleagues. Based on the facts you presented, you can prepare a Certification that know Case Information Statement is Required, My colleague, Mr. Shaw has provided you with all the information you need to prepare the Certification. Good luck.
I cannot be sure but it sounds to me like they are asking for a certification that you two do not own a house together and do not have children because if you did, a CIS would be required. call up the judge's chambers to determine if this is right.