Legal Question in Family Law in New Jersey

Divorce
I am the plaintiff in my divorce. Earlier this year i had a default heaing set up by the court but my wife hired an attorney right before the hearing date. In early May my lawyer and hers went before a judge and the judge issued a case management order for my wife and her attorney to provide my lawyer no later than June 30th, a Case Information Statement, Answers to Interrogatories and a Notice to Produce documents. They did not produce anything until Oct 6th, a day a before an Early Settlement Panel took place and negotiations could not be finalized. Subsequently a trial date of Dec 3rd was set up by the court. Recently, my lawyer issued a Notice of Motion requesting the court to immediately enter Default against my wife for her failure to comply with the Case Management Order and was such granted. The default hearing will take place in Dec.
Questions:
Can my wife's attorney ask for a delay and will it be granted?
Can i be divorced on that date? I live in NJ and my wife in Georgia and she says she doen't want to come up. Another point, she is currently unaware of the default and only know about the trial date. Lastly, i have a final restraining order issued against her and recently she violated it.
Please comment.

Asked on 11/04/08, 12:20 pm

3 Answers from Attorneys

Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

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Re: Divorce

Where is your attorney in all of this? She has to be told about the default. I don't think a default is proper in this case. You would have to file a motion to dismiss her pleadings first but there are procedures to follow in order to do that.

If she violated the FRO, you can call the police. However, you really should call your attorney or hire another one.

Answered on 11/05/08, 1:14 pm

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Robert Davies The Davies Law Firm, P.A.

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Re: Divorce

I practice divorce law in northern NJ, so I can not assist you.

Sir, if your lawyer can not answer these questions, then that is a terrible lawyer. Fire that lawyer and get someone who will assist you.

Good luck to you. You may ask your friends for a recommendation. You could call the county Bar Association for your county, and ask who the chairman of the Family Law Committee (or Matrimonial Law Committee) is for this year and for last year. Those are two lawyers who should know what they are doing.

Again, good luck to you. Lawyers should not do this to their clients.

Answered on 11/04/08, 12:24 pm

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