Rule 5:4-2. Complaint
(a) Complaint Generally.
(1) Caption. All family actions shall be captioned in the Chancery Division
Family Part.
(2) Contents. Every complaint in a family part action, in addition to the
special requirements prescribed by these rules for specific family actions shall also
include a statement of the essential facts constituting the basis of the relief sought, the
statute or statutes, if any, relied on by the plaintiff, the street address or, if none, the
post office address of each party, or a statement that such address is not known; a
statement of any previous family actions between the parties; and, if not otherwise
stated, the facts upon which venue is based. If a civil union or domestic partnership
exists between the parties, it shall be stated in the complaint. When dissolution or
termination of that relationship is sought, the complaint shall contain a separate cause
of action seeking such relief. In any action involving the welfare or status of a child, the
complaint shall include the child's name, address, the date of birth, and a statement of
where and with whom the child resides.
(b) Corespondent.
(1) Identification of Corespondent. In family actions in which adultery or
deviant sexual conduct is charged, the pleading so charging shall state the name of the
person with whom such conduct was committed, if known, and if not known, shall state
any available information tending to describe the said person, and shall also state such
designation of the time, place and circumstances under which the act or series of acts
were committed as will enable the party charged therewith and the court to distinguish
the particular offense or offenses intended to be charged. If it is stated that the name is
unknown, it must be shown at the hearing that it was not known at the time of the filing
of the pleading containing the charge.
(2) Notice to Corespondent. A person named as a corespondent in any
pleading seeking or resisting relief on the ground of adultery or deviant sexual conduct
shall, within 30 days after filing of such a pleading, be served by the party making the
charge, either personally or by registered or certified mail to the corespondent's last
known address, return receipt requested, or, if the corespondent refuses to claim or to
accept delivery, by ordinary mail, with a copy of such pleading and a written notice of
the pendency of the action, of the charge, and of the right to intervene in accordance
with R. 4:33. If the name and address of the corespondent are discovered thereafter
and before the trial, the party making the charge shall give such notice forthwith. If the
name and address of the corespondent appear at the trial, and such notice has not
been given, an adjournment may be ordered and such notice given. An affidavit of
compliance with the requirements of this rule shall be filed.
(c) Affidavit of Verification and Non-Collusion. There shall be annexed to every
complaint or counterclaim for divorce, dissolution of civil union, termination of domestic
partnership, or nullity an oath or affirmation by the plaintiff or counterclaimant that the
allegations of the complaint or counterclaim are true to the best of the party's
knowledge, information and belief, and that the pleading is made in truth and good faith
and without collusion for the causes set forth therein.
(d) Counterclaim. A counterclaim may state any family cause of action, and any
other cause or causes of action which exist at the time of service of the counterclaim. A
counterclaim not stated in an answer may be filed by leave of the court at any time prior
to final judgment. Failure to counterclaim for divorce, dissolution of civil union,
termination of domestic partnership, or nullity shall not bar such cause of action. In any
action involving the welfare or status of a child the counterclaim shall include the child's
name, address, date of birth and a statement of where and with whom the child resides.
(e) Amended or Supplemental Complaint or Counterclaim in Dissolution Matters.
In any action for divorce, dissolution of civil union, termination of domestic partnership,
nullity, or separate maintenance, a supplemental complaint or counterclaim may be
allowed to set forth a cause of action which has arisen or become known since the filing
of the original complaint, and an amended complaint or counterclaim may be allowed to
change the action from the originally pleaded cause to any other cognizable family or
family type action.
(f) Affidavit or Certification of Insurance Coverage. The first pleading of each
party shall have annexed thereto an affidavit listing all known insurance coverage of the
parties and their minor children, including but not limited to life, health, automobile,
homeowner's and renter’s insurance and any umbrella policy related thereto, long-term
care, and disability insurance. The affidavit shall specify the name of the insurance
company, the policy number, the named insured and, if applicable, other persons
covered by the policy; a description of the coverage including the policy term, if
applicable; and in the case of life insurance, an identification of the named beneficiaries.
The affidavit shall also specify whether any insurance coverage was canceled or
modified within the ninety days preceding its date and, if so, a description of the
canceled insurance coverage. Insurance coverage identified in the affidavit shall be
maintained pending further order of the court. If, however, the only relief sought is
dissolution of the marriage or civil union, or a termination of a domestic partnership, or if
a settlement agreement addressing insurance coverage has already been reached, the
parties shall annex to their pleadings, in lieu of the required insurance affidavit, an
affidavit so stating. Nevertheless, if a responding party seeks financial relief, the
responding party shall annex an insurance-coverage affidavit to the responsive pleading
and the adverse party shall serve and file an insurance-coverage affidavit within 20
days after service of the responsive pleading. A certification in lieu of affidavit may be
filed.
(g) Confidential Litigant Information Sheet. All pleadings of each party to any
proceeding involving alimony, maintenance, child support, custody, parenting time,
visitation or paternity shall be accompanied by a completed Confidential Litigant
Information Sheet in the form prescribed by the Administrative Director of the Courts.
The form shall be provided at the time of the filing of any pleading but shall not be
affixed to the pleadings. The information contained in the Confidential Litigant
Information Sheet shall be maintained as confidential and shall be used for the sole
purposes of establishing, modifying, and enforcing orders. The Administrative Office of
the Courts shall develop and implement procedures to maintain the Confidential Litigant
Information Sheet as a confidential document rather than a public record. The
Confidential Litigant Information Sheet shall contain a certification consistent with R.
1:4-4(b). No copy thereof shall be served on any opposing party.
(h) Affidavit or Certification of Notification of Complementary Dispute Resolution
Alternatives. The first pleading of each party shall have annexed thereto an affidavit or
certification in the form prescribed in Appendix XXVII-A or XXVII-B of these rules that
the litigant has been informed of the availability of complementary dispute resolution
("CDR") alternatives to conventional litigation, including but not limited to mediation,
arbitration, and collaborative law (New Jersey Family Collaborative Law Act, N.J.S.A.
2A:23D-1 through -18), and that the litigant has received descriptive material regarding
such CDR alternatives.
(i) Complaint in Non-Dissolution Matters. Non-dissolution actions shall
commence with the filing of a verified complaint/counterclaim form promulgated by the
Administrative Director of the Courts, except that attorneys may file a non-conforming
complaint, which must have appended to it a completed supplement promulgated by the
Administrative Director of the Courts. In any action involving the welfare or status of a
child, the complaint shall include the child's name, address, the date of birth, and a
statement of where and with whom the child resides. In any non-dissolution action
involving the support of a child in which paternity was previously acknowledged by the
parents, a copy of the Certificate of Parentage or other written acknowledgment of
paternity shall be filed with the complaint for support.
(j) Designation of Complex Non-Dissolution Matters. In any non-dissolution
action, any party or attorney seeking to designate a case as complex may submit that
request in a verified complaint/counterclaim form promulgated by the Administrative
Director of the Courts or in writing to the court prior to the first hearing. The procedure
for the assignment of non-dissolution matters to the complex track is set forth in R. 5:5-
7(c).
Note: Source - R. (1969) 4:77-1(a)(b)(c)(d), 4:77-2, 4:77-3, 4:77-4, 4:78-3, 5:4-1(a) (first two sentences). Adopted December 20, 1983, to be effective December 31, 1983; paragraph (b)(2) amended November 5, 1986 to be effective January 1, 1987; paragraphs (a)(2) and (d) amended November 2, 1987 to be effective January 1, 1988; paragraphs (b)(2) and (c) amended July 13, 1994 to be effective September 1, 1994; paragraph (a)(2) amended July 10, 1998 to be effective September 1, 1998; new paragraph (f) adopted January 21, 1999 to be effective April 5, 1999; paragraph (f) caption and text amendment July 12, 2002 to be effective September 3, 2002; new paragraph (g) adopted July 28, 2004 to be effective September 1, 2004; new paragraph (h) adopted July 27, 2006 to be effective September 1, 2006; paragraph (h) amended October 10, 2006 to be effective immediately; paragraph (g) amended June 15, 2007 to be effective September 1, 2007; paragraphs (g) and (h) amended July 16, 2009 to be effective September 1, 2009; paragraphs (c), (d), (e), (f) and (g) amended July 21, 2011 to be effective September 1, 2011; paragraph (g) amended July 9, 2013 to be effective September 1, 2013; subparagraph (a)(2) amended, paragraph (e) caption amended, paragraph (h) amended, and paragraphs (i) and (j) adopted July 27, 2015 to be effective September 1, 2015; subparagraph (a)(2) and paragraph (f) amended July 28, 2017 to be effective September 1, 2017.
(a) Complaint Generally.
(1) Caption. All family actions shall be captioned in the Chancery Division
Family Part.
(2) Contents. Every complaint in a family part action, in addition to the
special requirements prescribed by these rules for specific family actions shall also
include a statement of the essential facts constituting the basis of the relief sought, the
statute or statutes, if any, relied on by the plaintiff, the street address or, if none, the
post office address of each party, or a statement that such address is not known; a
statement of any previous family actions between the parties; and, if not otherwise
stated, the facts upon which venue is based. If a civil union or domestic partnership
exists between the parties, it shall be stated in the complaint. When dissolution or
termination of that relationship is sought, the complaint shall contain a separate cause
of action seeking such relief. In any action involving the welfare or status of a child, the
complaint shall include the child's name, address, the date of birth, and a statement of
where and with whom the child resides.
(b) Corespondent.
(1) Identification of Corespondent. In family actions in which adultery or
deviant sexual conduct is charged, the pleading so charging shall state the name of the
person with whom such conduct was committed, if known, and if not known, shall state
any available information tending to describe the said person, and shall also state such
designation of the time, place and circumstances under which the act or series of acts
were committed as will enable the party charged therewith and the court to distinguish
the particular offense or offenses intended to be charged. If it is stated that the name is
unknown, it must be shown at the hearing that it was not known at the time of the filing
of the pleading containing the charge.
(2) Notice to Corespondent. A person named as a corespondent in any
pleading seeking or resisting relief on the ground of adultery or deviant sexual conduct
shall, within 30 days after filing of such a pleading, be served by the party making the
charge, either personally or by registered or certified mail to the corespondent's last
known address, return receipt requested, or, if the corespondent refuses to claim or to
accept delivery, by ordinary mail, with a copy of such pleading and a written notice of
the pendency of the action, of the charge, and of the right to intervene in accordance
with R. 4:33. If the name and address of the corespondent are discovered thereafter
and before the trial, the party making the charge shall give such notice forthwith. If the
name and address of the corespondent appear at the trial, and such notice has not
been given, an adjournment may be ordered and such notice given. An affidavit of
compliance with the requirements of this rule shall be filed.
(c) Affidavit of Verification and Non-Collusion. There shall be annexed to every
complaint or counterclaim for divorce, dissolution of civil union, termination of domestic
partnership, or nullity an oath or affirmation by the plaintiff or counterclaimant that the
allegations of the complaint or counterclaim are true to the best of the party's
knowledge, information and belief, and that the pleading is made in truth and good faith
and without collusion for the causes set forth therein.
(d) Counterclaim. A counterclaim may state any family cause of action, and any
other cause or causes of action which exist at the time of service of the counterclaim. A
counterclaim not stated in an answer may be filed by leave of the court at any time prior
to final judgment. Failure to counterclaim for divorce, dissolution of civil union,
termination of domestic partnership, or nullity shall not bar such cause of action. In any
action involving the welfare or status of a child the counterclaim shall include the child's
name, address, date of birth and a statement of where and with whom the child resides.
(e) Amended or Supplemental Complaint or Counterclaim in Dissolution Matters.
In any action for divorce, dissolution of civil union, termination of domestic partnership,
nullity, or separate maintenance, a supplemental complaint or counterclaim may be
allowed to set forth a cause of action which has arisen or become known since the filing
of the original complaint, and an amended complaint or counterclaim may be allowed to
change the action from the originally pleaded cause to any other cognizable family or
family type action.
(f) Affidavit or Certification of Insurance Coverage. The first pleading of each
party shall have annexed thereto an affidavit listing all known insurance coverage of the
parties and their minor children, including but not limited to life, health, automobile,
homeowner's and renter’s insurance and any umbrella policy related thereto, long-term
care, and disability insurance. The affidavit shall specify the name of the insurance
company, the policy number, the named insured and, if applicable, other persons
covered by the policy; a description of the coverage including the policy term, if
applicable; and in the case of life insurance, an identification of the named beneficiaries.
The affidavit shall also specify whether any insurance coverage was canceled or
modified within the ninety days preceding its date and, if so, a description of the
canceled insurance coverage. Insurance coverage identified in the affidavit shall be
maintained pending further order of the court. If, however, the only relief sought is
dissolution of the marriage or civil union, or a termination of a domestic partnership, or if
a settlement agreement addressing insurance coverage has already been reached, the
parties shall annex to their pleadings, in lieu of the required insurance affidavit, an
affidavit so stating. Nevertheless, if a responding party seeks financial relief, the
responding party shall annex an insurance-coverage affidavit to the responsive pleading
and the adverse party shall serve and file an insurance-coverage affidavit within 20
days after service of the responsive pleading. A certification in lieu of affidavit may be
filed.
(g) Confidential Litigant Information Sheet. All pleadings of each party to any
proceeding involving alimony, maintenance, child support, custody, parenting time,
visitation or paternity shall be accompanied by a completed Confidential Litigant
Information Sheet in the form prescribed by the Administrative Director of the Courts.
The form shall be provided at the time of the filing of any pleading but shall not be
affixed to the pleadings. The information contained in the Confidential Litigant
Information Sheet shall be maintained as confidential and shall be used for the sole
purposes of establishing, modifying, and enforcing orders. The Administrative Office of
the Courts shall develop and implement procedures to maintain the Confidential Litigant
Information Sheet as a confidential document rather than a public record. The
Confidential Litigant Information Sheet shall contain a certification consistent with R.
1:4-4(b). No copy thereof shall be served on any opposing party.
(h) Affidavit or Certification of Notification of Complementary Dispute Resolution
Alternatives. The first pleading of each party shall have annexed thereto an affidavit or
certification in the form prescribed in Appendix XXVII-A or XXVII-B of these rules that
the litigant has been informed of the availability of complementary dispute resolution
("CDR") alternatives to conventional litigation, including but not limited to mediation,
arbitration, and collaborative law (New Jersey Family Collaborative Law Act, N.J.S.A.
2A:23D-1 through -18), and that the litigant has received descriptive material regarding
such CDR alternatives.
(i) Complaint in Non-Dissolution Matters. Non-dissolution actions shall
commence with the filing of a verified complaint/counterclaim form promulgated by the
Administrative Director of the Courts, except that attorneys may file a non-conforming
complaint, which must have appended to it a completed supplement promulgated by the
Administrative Director of the Courts. In any action involving the welfare or status of a
child, the complaint shall include the child's name, address, the date of birth, and a
statement of where and with whom the child resides. In any non-dissolution action
involving the support of a child in which paternity was previously acknowledged by the
parents, a copy of the Certificate of Parentage or other written acknowledgment of
paternity shall be filed with the complaint for support.
(j) Designation of Complex Non-Dissolution Matters. In any non-dissolution
action, any party or attorney seeking to designate a case as complex may submit that
request in a verified complaint/counterclaim form promulgated by the Administrative
Director of the Courts or in writing to the court prior to the first hearing. The procedure
for the assignment of non-dissolution matters to the complex track is set forth in R. 5:5-
7(c).
Note: Source - R. (1969) 4:77-1(a)(b)(c)(d), 4:77-2, 4:77-3, 4:77-4, 4:78-3, 5:4-1(a) (first two sentences). Adopted December 20, 1983, to be effective December 31, 1983; paragraph (b)(2) amended November 5, 1986 to be effective January 1, 1987; paragraphs (a)(2) and (d) amended November 2, 1987 to be effective January 1, 1988; paragraphs (b)(2) and (c) amended July 13, 1994 to be effective September 1, 1994; paragraph (a)(2) amended July 10, 1998 to be effective September 1, 1998; new paragraph (f) adopted January 21, 1999 to be effective April 5, 1999; paragraph (f) caption and text amendment July 12, 2002 to be effective September 3, 2002; new paragraph (g) adopted July 28, 2004 to be effective September 1, 2004; new paragraph (h) adopted July 27, 2006 to be effective September 1, 2006; paragraph (h) amended October 10, 2006 to be effective immediately; paragraph (g) amended June 15, 2007 to be effective September 1, 2007; paragraphs (g) and (h) amended July 16, 2009 to be effective September 1, 2009; paragraphs (c), (d), (e), (f) and (g) amended July 21, 2011 to be effective September 1, 2011; paragraph (g) amended July 9, 2013 to be effective September 1, 2013; subparagraph (a)(2) amended, paragraph (e) caption amended, paragraph (h) amended, and paragraphs (i) and (j) adopted July 27, 2015 to be effective September 1, 2015; subparagraph (a)(2) and paragraph (f) amended July 28, 2017 to be effective September 1, 2017.
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