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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 16710
Experience:  Experienced Licensed Attorney
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Me and my wife are getting a divorce in New Jersey, no kids,

Customer Question

Me and my wife are getting a divorce in New Jersey, no kids, no property, we have a settlement agreement. I served her the complaint and she signed "acknowledgment of service" and she also signed 35 days to file waiver affidavit. We don't want to waste time and wait 35 days. When filing the "acknowledgement of service" document, can I also file "Request for entry of default by certification" as well as the "Judgment of divorce" all at once since we agree on everything and there's no reason to wait?
Submitted: 1 year ago.
Category: Legal
Expert:  Alex J. Esq. replied 1 year ago.
Hello. My name is***** am a US licensed attorney and I will be happy to answer your question.I am sorry to hear about this unfortunate situation.Please note, I cannot comment on your specific situation, as this services is only limited to general information and for any legal advice / legal service you should contact your local attorney.How long were you married for prior to filing for the divorce?
Customer: replied 1 year ago.
15 years
Expert:  Alex J. Esq. replied 1 year ago.
Thank you for your follow up.Unfortunately, 35 days waiting period, generally, cannot be waived under any circumstances in New Jersey and also a divorce where spouses were married for more than 5 years would not qualify to be placed on the "expedited docket" either so the final documents would generally have to be filed after the 35 days and then the court will setup a date for final hearing at which point the judge will review marital settlement and any other facts / documents of the case and will decide whether to grant a divorce.I am very sorry to provide you with this bad news, but please understand that I do have professional obligation to provide customers with correct answers, even when answer is not favorable to the customer.I wish you the best of luck and God bless you!
Customer: replied 1 year ago.
You said "35 days waiting period, generally, cannot be waived under any circumstances in New Jersey"
What's your source of that information?
This NJ lawyer is recommending it:
Expert:  Alex J. Esq. replied 1 year ago.
Thank you for your follow up.While I cannot comment on your specific case, generally, in NJ the defendant / respondent is giving 35 days to file an answer to a divorce petition and until such 35 days expire, petitioner cannot file motion for default entry and / or motion for default judgment, please see below:RULE 4:6. Defenses And Objections: When And How Presented; By Pleading Or Motion; Motion For Judgment On Pleadings4:6-1. When Presented(a) Time; Presentation. Except as otherwise provided by Rules 4:7-5(c) (crossclaims), 4:8-1(b) (third-party joinder), 4:9-1 (answer to amended complaint), and 4:64-1(i) (governmental answer in foreclosure actions), the defendant shall serve an answer, including therein any counterclaim, within 35 days after service of the summons and complaint on that defendant. If service is made as provided by court order, pursuant to R. 4:4-4(b)(3), the time for service of the answer may be specified therein. Service of the answer shall be complete as provided by R. 1:5-4. A party served with a pleading stating a counterclaim or crossclaim against that party shall serve an answer thereto within 35 days after the service upon that party. A reply to an answer, where permitted, shall be served within 20 days after service of the answer.(b) Time; Effect of Certain Motions. Unless the court fixes a different time period, the time periods prescribed in paragraph (a) of this rule are altered by the filing and service of a motion under R. 4:6 or for summary judgment under R. 4:46 or R. 4:69-2 as follows: (1) if the motion is denied in whole or part or its disposition postponed until trial, the responsive pleading shall be served within 10 days after notice of the court's action; (2) if a motion for a more definite statement is granted, the responsive pleadings shall be served within 10 days after the service of such statement. If notice is given a nonresident party demanding security for costs and the nonresident gives notice of the filing of the bond or the making of the deposit, the party making the demand shall then have the same time to plead as may have remained at the time of the service of the notice demanding the security.(c) Time; Extension by Consent. The time for service of a responsive pleading may be enlarged for a period not exceeding 60 days by the written consent of the parties, which shall be filed with the responsive pleading within said 60-day period. Further enlargements shall be allowed only on notice by court order, on good cause shown therefor.(d) Certificate of Service. The party filing the responsive pleading or the party's attorney shall certify thereon, or in an acknowledgment, proof or certificate of service, that the pleading was served within the time period allowed by R. 4:6 or other rule specified in the certificate.I wish you the best of luck!

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