Legal Question in Family Law in New Jersey

Re: Uncontested Divorce

When a divorce is uncontested, one of two things have happened. Either the parties have agreed on everything, put it in writing and then it becomes a part of the Final Judgment of Divorce, or one party is ignoring the procedure and the other will need to go into Court, put everything in controversy on the record and allow the Judge to decide the issue. There are procedural steps, in either case, that must be taken to get the divorce finalized. Accordingly, it is best to consult with an attorney. 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

Re: Uncontested/Default Div.

Thank you for your inquiry.

Basically, as long as you can prove to the Court that your spouse was properly "served" with both a Summons and (filed) Complaint as well as the Notice of Equitable Distribution, it is likely that a Default Judgment shall be entered pursuant to the terms of the Notice of Equitable Distribution. Your spouse, in that case, would not need to sign off on anything, and you would be divorced.

As it would be my pleasure to speak to you regarding your potential divorce, please feel free to contact my office at 732 246 0909 to discuss same.

Very truly yours,

Edward R. Weinstein

Re: Uncontested/Default Div.

Please be advised that I have not been retained to represent you and I am basing this response on the limited amount of information supplied. However, if you followed all of the procedures and your spouse has not signed, you will be divorced after the statutory time period has passed. You will need to get a Court Order and final judgement. As to the question of will you you get everything you asked for - I cannot answer that without knowing what exactly you are asking for. However, the Court will make a determination as to equitable distribution of marital assets. If you have more questions or wish to discuss this or any other matter in greater detail, I can be reached at 908-537-7975.

Good Luck!