New Jersey | Family Law
Legal Question
Procedure
What must be done if the defendant doesn't answer the complaint when the plaintiff has received proof of service in a divorce action in New Jersey to get the final Judgment of Divorce?
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Legal Answer
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Read More Answered By: Robert Gleaner |
Re: Procedure on a default Several steps need to be taken. All are outlined in the Court Rules. Basically, you would need to file a Request for Default and an Affidavit of Non-Military Service. Thereafter, a Notice of Equitable Distribution would need to be filed and ultimately, a Court hearing would be scheduled where you would need to tell a Judge what needs to be determined, give proofs as to the manner in which you believe the issues should be determined and a decision would be rendered along with a Final Judgment of Divorce. While individuals may be able to do this on their own, it would probably be much safer (and more beneficial) to have an attorney do this for you. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, before you take any further action, you should contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention LawGuru, there will be no charge for your first consultation. Good luck! Rob Gleaner |
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