Legal Question in Family Law in New Jersey

Proof of Service to International Defendant

Six years ago, my ex-wife ''defendant'' left the United States kidnapping my children. I filed for a default divorce based upon constructive desertion. Legal council filed motion with to allow service based on 328 N.J. Super. 12, 255 N.J. Super. 607, New Jersey Court Rules 4:4-4, 4:4-5(d). She was served divorce complaint via mail with registered return receipt and ED via DHL. Her signature appears clearly on the RRR for the complaint. Council attached a DHL invoice and tracking information to his certification of service without her signature, but DHL added a comment that the signatory's last name is that of the defendant. The dates on the ED and the dates of the DHL invoice are the same. Defendant hires council 3 years after the divorce. Defendant's council claims that there is not sufficient proof that ED was ever served and that the entire judgment is void ab inito. Defendant's council continues that there is no indication of what is in the DHL package and no proof who received the package. So far, the judge is entertaining this nonsense as the defendant's council and the judge are golf buddies. I need for this mess to be DONE so that I can start my life! Is there any hope?


Asked on 9/19/05, 10:25 pm

1 Answer from Attorneys
Robert Davies The Davies Law Firm, P.A.

Re: Proof of Service to International Defendant

The fact that you are reaching out on this bulletinboard says that you are not able to use your prior attorney. You need an attorney to fight this for you. YOu should hire someone who practices in that county a lot, and who spends a large part of their practice in divorce court.

I am in northern NJ. Call me if you wish. 973 890 0400

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Answered on 9/20/05, 10:24 am


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