Newark, NJ asked in Divorce and Family Law for New Jersey

Q: I filed for a default hearing for my divorce

It’s been over a month and it’s still not scheduled. I call the courts and they say they are just waiting. Is there anything I can do to speed the scheduling up?

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2 Lawyer Answers
Leonard R. Boyer
Leonard R. Boyer
Answered
  • Clifton, NJ
  • Licensed in New Jersey

A: The are more steps that have to be followed. Representing yourself in a divorce is unwise. You really need to retain an experienced matrimonial attorney. You are not only emotionally involved, you do not know the Court rules or proper procedures. Trying to save some money can often result in costly mistakes and unnecessary delays.

Bari Weinberger
Bari Weinberger
Answered
  • Parsippany, NJ
  • Licensed in New Jersey

A: Thank you for the question. Once you file for default, the court should schedule the matter for a Default Hearing. You will need to file a proposed Judgement of Divorce outlining your requested relief (ie: related to custody, parenting time, support and equitable distribution) with any supporting documentation, for the court to consider 20 days prior to the Default Hearing date. A copy of this document must be served on the other party, as well as the court 20 days prior to the hearing. If the other party is in default, but you have entered into a Marital Settlement Agreement with the other party resolving all the issues then let the court know immediately to help move the matter along. I suggest you remain diligent in following up on the matter in the event there is a backlog at the court so as to avoid any significant delay. If you need assistance in this matter feel free to schedule a strategy session with an attorney.

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