Summons for Dissolution of Marriage in NJ is the document that turns a private decision into a real court case. It’s not the emotional part of divorce. It’s the procedural part—yet it’s the piece that causes outsized problems when it’s sloppy, incomplete, or served the wrong way.
In our Bergen County family law practice at Sammarro & Zalarick, we’ve had plenty of people walk in with a stack of papers and say, “I think I did this right… but I’m not sure.” Nine times out of ten, the Summons is sitting in that stack—either filled out with avoidable mistakes, or left blank in the exact spot that will delay service.
Let’s make this simple: the Summons is not where you argue your case. It’s where you make sure the other person gets proper notice, and the court can see the case is moving through the correct steps.
Note: This post is general information, not legal advice for your specific situation.
Summons for Dissolution of Marriage in NJ: what it is and what it isn’t
New Jersey calls divorce “dissolution” because you’re dissolving a legal union, and the process is generally the same whether you’re seeking divorce, civil union dissolution, domestic partnership termination, or an annulment.
The Summons is the official notice to the other party that a divorce complaint has been filed against them, and it explains where/how to respond and the deadline to respond.
What it is:
A formal notice document that goes out with your Complaint, triggering deadlines and starting the service clock.
What it is not:
A space for a personal message, a negotiation letter, or a summary of what your spouse “did wrong.” The Summons is standardized for a reason.
“Legal separation” in NJ: important clarification before you fill anything out
People use “legal separation” casually, but in New Jersey it depends on what kind of legal relationship you’re in.
For married couples, New Jersey has something called a divorce from bed and board. The statute explains it may be granted for the same causes as an absolute divorce when both parties petition or join in requesting it, and it can later be converted to an absolute divorce “as a matter of right.”
For civil union couples, New Jersey law recognizes legal separation from a partner in a civil union couple, again requiring that both parties petition or join in requesting it, and it can be converted later to a dissolution of the civil union.
And the jurisdiction statute (N.J.S.A. 2A:34-10) explicitly references divorce (absolute or from bed and board) and dissolution of a civil union or legal separation from a civil union partner.
Why this matters for the Summons:
The Summons format usually doesn’t change much—but the way your Complaint is titled and what relief you’re asking for can change depending on whether you’re filing for divorce, bed-and-board, or civil union legal separation.
If you’re unsure which path applies to you, that’s not a “guess and hope” moment. It’s a “get clarity first” moment.
Where the Summons fits in the NJ divorce filing process
The NJ Courts self-help materials list the Summons as one of the core documents you must file along with your Divorce Complaint and other required forms.
After your filing is accepted and you have a filed copy with a docket number, you must serve the other party with the Summons and all required documents within 60 days of filing.
That service step is not optional, and it’s not something to “get to later.” It’s one of the earliest places a case can stall.
Before you start completing the Summons: what you should have in front of you
I’ll keep this short because I know you want to get it done.
Have:
Your filed Complaint draft (or final copy), because the Summons must match the Complaint caption exactly.
The correct county where you’re filing. NJ Courts instructs you generally file in the county where you lived when you separated (with other rules if you don’t live in NJ).
Full legal names (no nicknames), last known addresses, and at least a basic physical description of the defendant if you’re using sheriff service (more on that below).
Also—do not put Social Security numbers on the Summons or other documents filed with the court. NJ Courts specifically warns litigants not to include personal identifiers like Social Security numbers on documents filed with the court.
Completing the Summons for Dissolution of Marriage in NJ: field-by-field
There are different versions of Summons forms floating around depending on whether you’re using a self-help kit, filing through an attorney, or receiving a courthouse packet. The structure is typically the same.
A commonly used self-help version (Legal Services of New Jersey Form 7) shows the typical layout and the areas you’re expected to complete.
The top block: your name, address, and phone number
On the sample Summons, the top lines are for the plaintiff’s name, address, and phone number.
This matters more than people expect. It’s how the other side (or their lawyer) reaches you for service-related issues, and it’s part of the “official record” of where notices might be sent.
If privacy or safety is a concern, don’t wing it. There are safer ways to handle address confidentiality, but you want to do it properly, not creatively.
The court line: Superior Court / Chancery Division–Family Part / County
New Jersey divorce cases are filed in the Superior Court of New Jersey, Chancery Division, Family Part.
You must list the county where the complaint is filed (example: Bergen, Passaic, Essex, Hudson, etc.).
Small mistake, big consequence: filing in the wrong county or listing the wrong county can create confusion, service delays, or venue problems. NJ Courts points readers to Rule 5:7-1 for venue rules and summarizes the typical filing location guidance.
Docket number: don’t guess—this comes from the court
The Summons form includes a line for “DOCKET NO. FM” (or similar).
Here’s the practical truth: you do not invent that number. You get it once the court accepts your filing and stamps/returns your papers.
NJ Courts explains that after filing, “The filed copy will include a docket number that identifies your case.”
If you serve papers without the docket number, you’re inviting extra questions and potential delays.
Plaintiff vs. Defendant names: match the Complaint exactly
The Summons includes the case caption: Plaintiff versus Defendant.
This must match your Divorce Complaint and every other filed document.
Common real-life issues we see:
- A spouse uses a nickname on one form and a legal name on another.
- Someone forgets a middle initial on one form.
- The caption has a married name on one form and a maiden name on another without clarity.
If your spouse has recently changed their name or uses multiple versions, that’s not unusual—but you still want consistency.
The body text: don’t edit it
The Summons includes standard language telling the defendant they must file a written answer or motion within 35 days after receiving the Summons (not counting the day they received it).
The NJ Courts page for responding to a divorce complaint confirms the defendant has 35 days to respond to the Summons and Divorce Complaint.
That language is there for a reason. Do not rewrite it. Do not add commentary. Do not attach a “note.”
The clerk signature line: how this works in practice
This is the part that confuses self-represented litigants.
On the LSNJ Form 7 example, the instructions actually say:
“(Sign the name of the Clerk, ‘Michelle M. Smith, Esq.’ followed by your own initials).”
Two important lawyer tips here:
First, don’t assume the name on a sample form is current. Clerk names can change. If the form you’re using already has a printed clerk name, follow your packet’s instructions. If it’s blank or you’re unsure, ask the Family Division intake/ombudsman for guidance.
Second, if you’re working with a lawyer, the office typically handles this the way the rules and courthouse procedures expect—so you’re not left guessing at a signature line.
The “defendant to be served” section: be specific and practical
Some Summons versions include a section asking for:
- Name of defendant to be served
- Address of defendant to be served
- Description of defendant to be served (physical description)
- Best time to serve the defendant
This is not “extra.” It’s designed to help the Sheriff’s Office complete service efficiently.
If you’re listing an address, use the best current address you have. If you only have an old address, and you know the person moved, service can fail and you lose time.
The physical description and “best time” lines are especially useful when service is being attempted at a residence where multiple adults live, or where the defendant avoids answering the door.
Proof of service: don’t fill out the officer’s section
If your Summons includes an attached “Court Officer’s Proof of Service / Return of Service,” the form itself may state that the plaintiff should not fill it out and that it will be completed by the sheriff’s officer and returned.
If you’re not using the sheriff and instead use a private process server, NJ Courts notes that most process servers do not send proof of service to the court, and you may need to file an Acknowledgement of Service form and include the process server’s receipt.
That proof-of-service paper trail is what prevents your case from getting stuck later when you’re trying to move the divorce forward.
After you complete the Summons: serving it correctly (and on time)
The biggest Summons mistake isn’t how it’s filled out. It’s what happens next.
NJ Courts states you must serve the other party with the divorce papers within 60 days of the date you filed your papers.
They describe two primary service options:
A County Sheriff’s Officer, who will send proof of service to you and the court.
A Process Server, where you may need to file proof/acknowledgment documentation yourself.
If you’re filing through JEDS, remember: JEDS is a submission system, not “service.” NJ Courts describes JEDS as allowing electronic submission 24/7, processed during business hours.
You still have to serve the other party the proper way after filing.
If you’re the one receiving a Summons: don’t ignore it
People sometimes think, “If I don’t touch it, it won’t be real.” The court system does not work that way.
NJ Courts says plainly: if you’ve been served with a Summons and Divorce Complaint, you are the defendant, and you have 35 days to respond.
They outline three response paths:
Answer, Answer and Counterclaim, or Appearance.
If you do nothing, NJ Courts warns the court may grant the divorce and enter orders in favor of the plaintiff.
Even if you agree the marriage is over, you may still need to respond to protect your position on custody, parenting time, support, alimony, or property.
Common Summons mistakes we see (and why they cause delays)
When a case drags early, it’s usually because of one of these:
- The county on the Summons doesn’t match where the Complaint was filed.
- The docket number is missing because the person served too soon.
- Names don’t match from form to form.
- Personal identifiers are included in filed documents when they should not be.
- Service happens late (outside the 60-day window) or proof of service isn’t properly filed.
None of these are “the end of the world,” but they cost time—and in divorce, time often equals money and stress.
When it’s worth calling a lawyer before you file or serve
You don’t need a lawyer to fill out a Summons. But there are situations where doing it alone is like doing electrical work after watching one YouTube video.
Consider getting legal help early if:
- There are children and you anticipate disputes over custody or parenting time.
- You’re concerned about support (child support or alimony) and financial disclosure.
- You have safety concerns, domestic violence history, or fear of retaliation.
- You can’t locate your spouse or you expect they will dodge service.
A short consult before filing can prevent months of cleanup.
How to contact Sammarro & Zalarick
If you’re preparing a Summons for Dissolution of Marriage in NJ and want someone to review it before you file—or you’ve already filed and you’re worried service was done incorrectly—our office can help you get clarity and move forward with a plan.
Contact Sammarro & Zalarick, P.A. at (973) 478-1026 or through our website contact form.
Disclaimer: This post is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Custody outcomes are fact-specific.