As first appeared in the New Jersey State Bar Association Family Law Section, New Jersey Family Lawyer
Commentary by Alexandra K. Rigden
No matter the grounds, in order to file a complaint or counterclaim for divorce in New Jersey, a client must sign the certification of verification and non-collusion under Rule 5:4-2(c). The ‘non-collusion’ aspect of the rule requires a client to certify that he or she has not ‘colluded’ with anyone in making the allegations in the complaint or counterclaim.1 Of course, New Jersey courts do not want litigants colluding to make sworn statements. But, if establishing grounds for a divorce is as simple as alleging six months of irreconcilable differences with no reasonable prospect of reconciliation, with whom would one need to collude? Read more> see page 31