Sorry, you need to enable JavaScript to visit this website.

Responding to a Divorce Complaint

Divorce
On This Page

Overview

If you’ve been served with a Summons and Divorce Complaint, you are the defendant. 
The person who filed the divorce is the plaintiff.

You have 35 days from the date you were served to respond to the court.

If you do not respond within that time, the court can grant the divorce and make orders in favor of the plaintiff without hearing your side. 

Your Options for Responding 

You have three ways to respond:

  1. File an Answer – You respond directly to what the plaintiff said in the Complaint. This means you contest one or more issues.
  2. File an Answer and Counterclaim – You respond to the Complaint and list your own legal grounds for divorce or other claims against the plaintiff.
  3. File an Appearance – You do not contest the Complaint itself, but you want to be heard on issues like:
    • Custody or parenting time (visitation)
    • Child support
    • Alimony
    • Property and debt division (equitable distribution)
    • Other family or financial matters 

6 Steps to Filing an Answer in a Divorce Case

 

  1. Get the forms and instructions.

    Download the correct forms from the NJ Courts Self-Help Divorce section or get them from your local courthouse. 
     

  2. Fill out one of the following: 

    • Answer
    • Answer and Counterclaim
    • Appearance Form
       

    You must also complete these required forms:

    Important: Do not include personal identifiers such as Social Security numbers on the copies you submit to the court.

  3. Make Copies

    Make at least one copy of every document. 
    Keep your own copy in a safe place. 
    Before filing, redact (black out) any personal identifiers on the copies you’ll submit.
  4. Include a $175 filing fee by credit card (if filing online) or by check or money order (if mailing). 

    If you can’t afford the fee, you may request a fee waiver. 
     
  5. You can file your response in one of two ways:
     
    1. Electronically – Upload through the Judiciary Electronic Document Submission (JEDS) system. Pay the fee online or upload your fee waiver request form.
    2. By Mail – Send the originals plus two copies of all documents, plus your payment, to the Family Division of the Superior Court in the county where the divorce was filed.

  6. Serve the Plaintiff

    You must deliver your filed papers to the plaintiff. You can: 
     

    1. Deliver them in person, or
    2. Send them by certified mail to the address listed on the plaintiff’s court papers.
       

    After serving the papers, complete an Acknowledgment of Service form and attach the certified mail receipt. Submit both to the court as proof of service. 

    Note: If you cannot prove that your spouse received the papers, your case may not move forward. Contact your local Family Division Office for guidance.

Forms Needed to Respond to a Divorce Complaint