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Ely
Ely, Counselor at Law
Category: Family Law
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I would like to know the procedure for filing a non-contested

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I would like to know the procedure for filing a non-contested divorce in New Jersey. The pro se packet I received list a different procedure than the clerk at the front window today.

1) I filed
2) Court sends me a filed copy
3) I serve w/copy of complaint, summons, acknowledgement of receipt, and waiver of 35 days
4) defendant signs in front of a notary and then returns to me
5) I file the above summons, acknowledgement of service and waiver of 35 days together with the certification to enter default and non-military affidavit
6) Court gives me a hearing date
7) I send the hearing date and a Proposed Notice of Judgment and Proposed Final Judgment at least 20 days prior to the hearing date w/proof of service

Anything else?
Thanks
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

Can you please tell me:

1) Does your soon-to-be-ex agree to ALL the elements put forth in the proposed final judgment?
2) Do they simply not wish to be involved?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.

Ely:


 


Yes. Ex agrees to everything and just doesn't want to be bothered filing anything. Will sign but nothing more. We have no shared assets, insurance policies, children, or property.

Expert:  Ely replied 1 year ago.
Thank you.

It is very important that your ex signs the WAIVER that clearly states that they are waiving all of their rights.

1) I filed
2) Court sends me a filed copy
3) I serve w/copy of complaint, summons, acknowledgement of receipt, and waiver of 35 days
4) defendant signs in front of a notary and then returns to me
5) I file the above summons, acknowledgement of service and waiver of 35 days together with the certification to enter default and non-military affidavit
6) Court gives me a hearing date
7) I send the hearing date and a Proposed Notice of Judgment and Proposed Final Judgment at least 20 days prior to the hearing date w/proof of service


This is correct. Since your ex has signed everything, including waiving the 35 day period, the above is essentially correct. However, there are two things that may help:

1) You may want the ex to also sign the proposed judgment. This is to ensure that they cannot claim that you showed them one thing and then filed another, even if they did sign the waiver.

2) Many times, one does not have to wait for the court date. If the divorce is uncontested (and this is, it seems), one can ask the clerk when the UNCONTESTED DOCKET is heard, which may be as often as every day early in the morning, or a few times a day. Then, one can go and ask the Court for a divorce on the uncontested docket without waiting for the Court to set a hearing date.

I hope this helps and clarifies. Good luck.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 1 year ago.

Ely;


 


Yes,this is uncontested.


 


Does the uncontested docket situation apply to New Jersey? If so, and just so I am sure I understand, does that mean that once I file per #5, i can ask when the court when it hears uncontested dockets and just appear there that day? or do I have to register or reserve a date?


 


Thanks!

Expert:  Ely replied 1 year ago.
C,

Does the uncontested docket situation apply to New Jersey?

Yes, however different courts have different local rules. So you'd have to ask the clerk/coordinator if the Judge "hears uncontested matters on an uncontested docket, and if so, when is it? Or, will the court assign me a court date for my uncontested divorce?" Then they can tell you.

If so, and just so I am sure I understand, does that mean that once I file per #5, i can ask when the court when it hears uncontested dockets and just appear there that day?

Technically yes, although due to the waiting time of filing, etc, it normally takes about a week or two at least before you can have the matter heard on the uncontested docket. So you will find out - in essence - at time of filing. Sorry about that! It is just that courts do vary one from another even in the same jurisdiction. Some judges like to have a day of uncontested docket ALL day and just let anyone come. Some like to schedule the uncontested hearings themselves per every case, etc.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 89094
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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