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The pro se motion kit is temporarily unavailable as a result of technical difficulties. In the interim, I strongly suggest logging onto http://www.njprose.com , a free website dedicated to assisting pro se litigants in New Jersey. Please note that I am not affiliated with http://www.njprose.com and can't vouch for the accuracy of the information on that site. although I have reviewed it and it does appear to be a valuable resource.
I am also supplying a sample motion at no charge. Click here to download it in MS Word, or here to download it in WordPerfect, or here to view it online. Again, this is a rough sample only. From the sample, you need: The notice of motion (customized to the requests you are making of the court), the notice to litigants, the certification in support of the motion (customized to support and explain the requests you are making ), any documents (exhibits - evidence) referenced in the motion, a proof of service. If there are any issues regarding the modification or establishment of support ("any issue as to custody, support, alimony or equitable distribution."), you will need to complete and file a Case Information Statement (a form which is available online by clicking here). If your docket number begins with "FM" you must enclose a $30.00 filing fee, made payable to The Clerk of the Superior Court (unless you have had the filing fees waived).
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Do you really need a lawyer?
Whether you are proceeding pro se (Latin for "for self" - the term used in New Jersey for someone representing them self in court) due to economic necessity or by choice, keep in mind that you enter court with disadvantages. Initially, no matter how well you believe you can step back from the situation, you are emotionally involved in the outcome. Second, there is no substitute for experience. Unless you have been deeply involved in a pro se support group and/or have taken significant time to truly research how it's done, you may not be able to present your case properly. Finally, and related to the second point, is the amount of knowledge that is necessary to effectively represent a case in Family Court. Even attorneys (at least good ones) who practice no other type of law are constantly attending seminars, reading the legal press, reading new case law and legislation. The Rules of the Court contain a myriad of traps for the unwary or unknowing and motion practice is an art that takes time to develop.
This kit will provide you with the basic materials necessary to file a motion in the Family Part of the Superior Court of New Jersey. You receive all the necessary documents in a "fill in the blank" manner, a checklist to follow, and a sample of a motion on the same or a similar topic. There is no way to lay out every rule, statute, and case that may be applicable to your matter.
Proceed with the knowledge that you may end up doing irreparable damage to your case. For example, if you move to adjust child support and lose, you may lose in such a way that the issue cannot be revisited for at least three years. If you attempt to adjust parenting time or custody by asserting a change of circumstances but do not properly present the issue, it may be impossible for an attorney to present the same issue and prevail. The Court could well view the "changed circumstances" that were originally presented pro se as no longer being "new" and you may be precluded from using them.
That said, there certainly are pro se litigants who take the time and do the work necessary to effectively present their case. But take it seriously. In Family Court, there are almost no "small issues." Again, I strongly encourage membership in any of the pro se organizations in New Jersey.
Why am I offering this service?
Because I provide a better service than the ones advertised by the "divorce mill" companies or "do it yourself" kits and I do it at no cost (for motion kits). I became interested in offering this service following my receiving distressed phone calls from people who had purchased inadequate kits. All of them had their pleadings either dismissed or inordinately delayed because they had not been provided with the correct forms, the company had not sent the required information and/or were not up to date on the latest rules, fee schedules, and technicalities for filing in the Family Court. The Family Case Management Office will summarily reject an improperly filed motion; there are no breaks given to pro se litigants.
I am a licensed attorney in New Jersey. Ninety per cent of my practice consists of Family Law and family law appeals. I am not some company in the Midwest trying to keep up with the divorce laws in fifty states. Also, as a member of the bar, I can lawfully provide you with legal advice – not just forms. The pleadings I provide are 100% correct and professional, from the paper they’re printed on to the subtleties of the language used.
Motion kit includes:
- All forms needed to file a motion in New Jersey (Completed Notice of Motion and all required "standard" documentation)
- A checklist covering all aspects of filing motions in the Family Part.
- General tips and mandatory court rules applicable to motion practice.
- Instructions (in plain English) for filing, including fee schedules, and a list of common errors and gotchas that can cause delay or rejection of your pleadings.
- A copy of a "sample" motion that worked (this should not be read as a guarantee that the motion you submit will result in you prevailing. No attorney can guarantee that, even to clients they are representing).
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