In specific circumstances, the entry of default and uncontested divorce/dissolution judgments may be permitted without personal appearances when one spouse files for divorce or termination, properly notifies the other spouse, and the other spouse has not filed any response with the court. In lieu of personal appearances, the judge decides whether to enter the judgment for divorce based on the papers filed with the court. This is also referred to as "divorce on the papers."
This Directive supersedes Directive #18-20 (issued June 5, 2020) and Supplement to Directive #18-20 (issued July 19, 2021) which set forth standardized procedures for the entry of default and uncontested judgments without personal appearances in certain divorce/dissolution (FM) proceedings. This directive is being issued to make conforming revisions to the attached Instructions to Request the Entry of Default or Uncontested Divorce/Dissolution Without Personal Appearances and the Certification in Support of Judgment of Divorce form (CN12620).
To conform to the applicable statute and court rule, the following changes have been made to the instructions and the required certification form; the corrected versions are attached:
- Deleted "Is not planning to file for bankruptcy" from the "Request for Default or Uncontested Divorce (Dissolution) Instructions" and
- Deleted "I am not considering filing for bankruptcy" from the "Certification in Support of Judgment of Divorce" form.
Contact the Family Practice Division at (609) 815-2900 ext. 55350 with any questions. Additionally, self-represented litigants can contact the court ombudsman in the county where the action is filed or Legal Services of New Jersey at (732) 572-9100 or www.lsnj.org for sample forms.
Document Date: Dec. 9, 2022
Publish Date: Dec. 12, 2022