Certifications and Affidavits in New Jersey Family Court

Certification in lieu of oath

Rule 1:4-4(b) provides that, in lieu of the affidavit, oath or verification required by the rules, the person may submit this certification, which must be dated and immediately precede the signature:

The Judiciary’s family forms use this language. The FD Verified Complaint or Counterclaim ends with it, and the Family Part Case Information Statement adds certifications that the filer has disclosed all assets, liabilities and income to their knowledge and has redacted confidential personal identifiers.

Every complaint or counterclaim for divorce, dissolution of a civil union, termination of a domestic partnership or nullity must have annexed an oath or affirmation that the allegations are true to the best of the party’s knowledge, information and belief and that the pleading is made in truth and good faith and without collusion (R. 5:4-2(c)). The Judiciary’s divorce page lists this as the Certification of Verification and Non-Collusion.

Affidavits and certifications

The notice that must appear in every Family Part motion explains the difference: in either document the person signing swears to its truth and acknowledges that they can be punished for not filing a true statement, but affidavits are notarized and certifications are not (R. 5:5-4(d)). A response to a motion must be in writing, by affidavit or certification, even if you also ask for oral argument.

An affidavit runs in the first person, is divided into numbered paragraphs, and its caption identifies the proceeding it supports or opposes and the original hearing date, if any (R. 1:4-4(a)). Every affidavit or certification is filed with an original signature, except that a copy may be filed if the signer signed a document sent by fax or PDF and the original is filed if the court or a party requests it (R. 1:4-4(c)).

When a form asks for a notary

Some forms are written for notarization. In the post-judgment motion packet, for example, the Acknowledgment of Personal Service (Form H), signed by the other party, must be notarized. Check the instructions for each form you use. Rule 1:4-4(b) covers the affidavits, oaths and verifications required by the Court Rules.

Writing a certification for a motion

• Facts, not argument. The Judiciary’s post-judgment instructions say the reasons in the Certification in Support of Motion must be based on facts, and to include copies of previous orders and supporting documents such as pay stubs or tax returns.
• Twenty-five pages. Unless the court permits otherwise for good cause, all certifications supporting a motion may not exceed 25 pages in total, shared between the initial and reply certifications as the movant chooses. All certifications opposing a motion or supporting a cross-motion are also limited to 25 pages (R. 5:5-4(b)).
• Exhibits. Exhibits attached to certifications do not count toward the page limit, but certified statements not previously filed do. Exhibits must be separated from the text, for example by labeled dividers (R. 5:5-4(g)).

Primary sources

Rules and forms change. Check the current version at the source before you file. New Jersey statutes are published by the Legislature, and the Rules Governing the Courts by the Judiciary. Neither site offers a stable link to a single section, so statute and Court Rule links open the official search page; search there for the citation shown.

• R. 1:4-4, affidavits and certifications
• R. 5:4-2(c), affidavit of verification and non-collusion
• R. 5:5-4, motions in family actions
• CN 11492, Verified Complaint or Counterclaim
• CN 10483, Family Multi-Purpose Post Judgment Motion Packet
• CN 10482, Family Part Case Information Statement