New Jersey Divorce Law Center

Cohabition Agreements
All of the cohabitation agreements and living together contracts agreements listed in the menu below are offered free, as a courtesy service to other New Jersey lawyers and to all pro se litigants. Attorney Theodore Sliwinski, Esq. is committed to providing Quality Legal Services at Affordable Rates to the public. His mantra has always been "Getting Divorced Doesn't Have to be Expensive." Moreover, he can also prepare your cohabitation agreement for an affordable fee. These sample cohabitation agreements and living together contracts are intended for use by New Jersey lawyers or by pro se litigants. Please don't hesitate to call Mr. Sliwinski, Esq. if you have any questions about using these sample agreements. He will be pleased to assist you. Remember, negotiating and preparing a cohabitation agreement is a difficult and emotional process. Don't go at it alone!

HTML	An Overview of Cohabitation Agreements
PDF	Cohabitation Agreement - Version 1 This is a cohabitation agreement for an unmarried couple that has no children. Moreover, this agreement is designed to be used when an unmarried couple makes a joint purchase of real estate.
PDF	Cohabitation Agreement - Version 2 This is a cohabitation agreement wherein no partner has any children between them. This agreement specifies that each partner shall separately own their individual property. Furthermore, this agreement addresses the joint purchase of real estate and the waiver of inheritance rights.
PDF	Cohabitation Agreement - Version 3 This is a cohabitation agreement that addresses the scenario when one partner moves into the other partner's home. This agreement provides that if the partner who moves in contributes a certain amount of money for the mortgage, homeowner's insurance, property taxes and utilities then he or she will become a co-owner of the home. This agreement does not cover the waiver of the right to inherit.
PDF	Cohabitation Agreement - Version 4 This is a cohabitation agreement wherein one partner becomes a joint owner of the home. The partner who moves in agrees to purchase a share of the equity of the home. Moreover, the partner who moves in also agrees to split and pay for the mortgage payments, property taxes, maintenance, and utilities. This agreement does not cover the waiver of the right to inherit.
PDF	Cohabitation Agreement - Version 5 This is the most comprehensive cohabitation agreement that is posted. This version provides that both partners will keep their own property, earnings and debts separate. This version provides that both partners waive the right to seek any support or palimony. Finally, this agreement also provides that both partners waive all rights to receive any inheritance from each other except by a valid will. This version should be used by an unmarried couple that has substantial assets to protect.
PDF	Agreement Covering Rented Living Space This is a basic cohabitation agreement wherein both partners agree to rent an apartment or a house. Both partners agree to pay for one half of the rent and one half of the utilities. The agreement also has several provisions that address the situation if one partner wants to move out of the rented premises.
PDF	Cohabitation Home Buyout Agreement This is a basic buyout agreement. In this agreement the parties have agreed to end their relationship. One partner agrees to buyout the other partner's share in the house. Moreover, the partner who continues to reside in the home agrees to be responsible for the mortgage, the property taxes, and the utilities.
PDF	Cohabitation/ Non-Marital Partnership Agreements This is a comprehensive cohabitation agreement. The parties agree to keep their individual property separate. The agreement also provides for the waiver of inheritance rights by the male partner. Moreover, there is a buyout of female partner's inheritance rights for the sum of $100,000.
PDF	Contract For Equal Ownership of a House This is a basic contract wherein both partners agree that they will equally co-own a house that they are purchasing. Both partners agree to pay for one half of the down payment, and to equally split the mortgage payments, property taxes, homeowner's insurance, and maintenance. The contract also contains some buyout provisions if the unmarried couple should break up.
PDF	Joint Home Purchase Agreement This is a very basic joint purchase agreement. Both partners agree to jointly purchase a house together. The agreement also contains some very basic buyout provisions.
PDF	Cohabitation Agreement Between Parties With No Children This is a cohabitation agreement. This type of agreement should be used when an unmarried couple decides to purchase a home together. If an unmarried couple decides to purchase a home together, then it is strongly advisable to prepare a cohabitation agreement.

Prenuptial Agreements
Enter marriage with eyes wide open. Marriage is love, partnership, family. It's also the most important contract you'll ever enter into - and one of the few very personal contracts in which New Jersey divorce laws dictate the terms. Fortunately, you can create a customized agreement that fits the needs of your relationship. With a prenuptial agreement you can:

* protect each other from debts
* take care of children from a previous marriage
* clarify financial responsibility
* protect hard-earned assets
* and more

HTML	An Overview of Prenuptial Agreements
PDF	Cohabitation Agreement Between Parties With No Children This is a cohabitation agreement. This type of agreement should be used when an unmarried couple decides to purchase a home together. If an unmarried couple decides to purchase a home together, then it is strongly advisable to prepare a cohabitation agreement.
PDF	Prenuptial Agreement - Version 1 This is a basic prenuptial agreement. This type of agreement should be used for newly married couples who don't have significant assets entering into the marriage
PDF	Prenuptial Agreement - Version 2 This is another basic prenuptial agreement. This type of agreement should also be used for newly married couples who don't have significant assets entering into the marriage.
PDF	Prenuptial Agreement - Version 3 This is a more detailed and comprehensive long form prenuptial agreement. This agreement covers the distribution of real estate, pensions, issues of equitable distribution, the waiver of inheritance rights, the waiver spousal support, and the waiver of support for step-children. This type of agreement is ideal for parties entering into a second marriage.
PDF	Prenuptial Agreement - Version 4 This is another comprehensive long form prenuptial agreement. This agreement covers the distribution of real property, pensions, issues of equitable distribution, the waiver of inheritance rights, and the waiver spousal support.
PDF	Prenuptial Agreement - Version 5 This is very short form prenuptial agree ment. This agreement is only a bare bone agreement. It should only be used if the prospective spouses have limited assets.

Reconciliation Agreements

HTML	An Overview of Reconciliation Agreements
PDF	Reconciliation Agreements

Postnuptial Agreements

HTML	An Overview of Postnuptial Agreements
PDF	Postnuptial Agreement - Version 1 This is a basic postnuptial agreement. This agreement covers the waiver of inheritance rights, the waiver of the right to elect against each other's will, and the waiver of marital rights in each spouse's separate personal finances.
PDF	Postnuptial Agreement - Version 2 This is another basic postnuptial agreement. In this postnuptial agreement both the husband and the wife are releasing their rights in each other's estate.
PDF	Postnuptial Agreement - Version 3 This postnuptial agreement designates the separate property of both spouses. Moreover, both spouses release their marital property rights. In this agreement the issue of the waiver of inheritance rights is not addressed.
PDF	Postnuptial Agreement - Version 4 This is comprehensive long form postnuptial agreement. This agreement covers the distribution of real property, pensions, issues of equitable distribution, and the waiver of inheritance rights. This postnuptial agreement also designates the separate property of both spouses. This agreement is very specific and it should be used by spouses who are now in their second marriage, and who are trying to protect certain assets for their children born from a prior marriage. This postnuptial agreement form is the best version posted. If the marriage has its "ups and down" then this type of postnuptial agreement will provide you with some "ironclad" protection.
PDF	Postnuptial Agreement - Version 5 This type of postnuptial agreement should be used in the context of a second marriage. This is a postnuptial agreement wherein the wife releases her rights in her husband's estate because she was given a settlement. This postnuptial agreement can be used if a husband wants to protect a certain parcel of real estate or a family business for his children born from a prior marriage. Finally, this agreement covers the waiver of inheritance rights, the waiver of the right to elect against each other's will, and the waiver of marital rights.
PDF	Postnuptial Agreement - Version 6 This another type of postnuptial agreement that should also be used in the context of a second marriage. This is a postnuptial agreement wherein the wife releases her right to receive certain real property, in exchange for receiving a difference piece of real property. Basically, this type of postnuptial agreement addresses the scenario wherein the second spouse receives another home, in exchange for waiving any of her claims to receive a different home or a business. Additionally, this agreement covers the waiver of inheritance rights, the waiver of the right to elect against each other's will, and the waiver of marital rights.

Complaints For Divorce
A divorce case is started by filing a divorce complaint with the County Clerk, and by paying the filing fee. There are four major grounds to file for divorce in New Jersey.

PDF	Extreme Cruelty
PDF	Eighteen (18) Month Separation
PDF	Adultery
PDF	Desertion
PDF	Certification of Insurance All divorce complaints and answers must have a certification of insurance attached to it. The clerk will not accept the divorce complaint unless the certification of insurance is attached to it.

Service of the Complaint

PDF	Summons A summons must be attached to every divorce complaint when it is served on the defendant.
PDF	Confidential Litigant Info Sheet A confidential litigant info sheet must be attached to all divorce complaints and answers. This form is used to effectuate any income withholdings for any child support or spousal support garnishment orders.
PDF	Acknowledgement of Service Once the complaint is filed then the defendant must be served by the Sheriff or by a process server. There are many companies in New Jersey that will serve the complaint for a fee of about $75. The most efficient and the most used company is called Guaranteed Subpoena. If the defendant lives out of State, then the fee to serve the defendant is usually about $100. If the defendant is willing to sign a form called an acknowledgment of service, then the plaintiff can save the service fees. The acknowledgment of service must be executed by the defendant before a notary.

Defendant Does Not Answer the Complaint

PDF	Request to Enter Default If the defendant does not answer the complaint then he or she is in default. Thereafter, the plaintiff must file a request to enter a default.
PDF	Notice of Equitable Distribution If the defendant does not answer the complaint then he or she is in default. Thereafter, the plaintiff must serve a form called a notice of equitable distribution on the defendant. This form requests that the court determine a child support award, alimony, and to split up the marital assets and debts.

Settlement Reached

PDF	Property Settlement Agreement Once a settlement is reached, then the parties have to prepare and execute a marital contract called a property settlement agreement. This posted form is a a very detailed property settlement agreement. This agreement is also commonly referred to as a PSA.
PDF	Simple Judgment of Divorce Once a settlement has been reached the court must be notified. Thereafter, a court date will be scheduled to enable the parties to put the divorce through. At the final divorce hearing a judgment of divorce must be submitted to the court for the judge to sign. Once the judge signs the final judgment of divorce then the parties are divorced.
PDF	Judgment of Divorce with PSA If the parties execute a property settlement agreement then it can also be incorporate into the judgment of divorce. The terms of the property settlement agreement will then become part of the judgment of divorce.