Legal Question in Family Law in New Jersey
Default Judgement
I have served my wife with a summons and complaint. The 35 day period for her to answer has now ended, and I am going to ask for a default judgement.
Do I have to notify her that I am doing this, and do I have to notify her of the hearing date once it is set?
Thank you.
3 Answers from Attorneys
Re: Default Judgement
yes, you need to serve her with all paperwork because she needs to be put on notice in case she wants to fight the default. I suggest sending everything certified mail and I would enclose a copy of the original complaint as an exhibit. Sounds like you are on the right path and you don't need an attorney yet. You may want an attorney to just make sure everything goes smooth at the default hearing and the judge follows the law. As theres not much to do, it shouldn't be that expensive either especially since you've done all the leg work. Feel free to call me at 732/247/3340 to discuss you case. My initial consultations are always free.
Re: Default Judgement
Yes, you have to send her copies of everything. I agree with the other attorney, you need to send it certified and regular and keep copies of everything. Also, on the Notice of Equitable Distribution, sometimes it can take a few weeks for the post office to return the green card or proof that she refused to sign. I would suggest asking the court for about 45 days so you have it back for the hearing.
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Re: Default Judgement
You must file a notice of equitable distribution if there is marital property or liabilities which you wish to divide with her.
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Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com