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?

Related Topics:
2 Lawyer Answers
Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • 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
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.