Middlesex is one of the few counties that allows the nonappearance means of putting through a simple divorce. It's even on their website.
But the Court Rule on Notice of Judgment of Divorce states that it is not necessary if no relief is sought.
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Original Message------
I'm attempting to help someone on a pro bono basis, and, of course, a simple "I'll be a nice guy and write a letter to the judge" has turned into a fiasco over trying to provide authority on one small point.
Wife is attempting to get an uncontested pro se divorce. Ex wouldn't sign for the complaint and had to be served. She figured out to apply for default and went to the hearing yesterday.
She is seeking no affirmative relief aside from the dissolution of the marriage and the consolidation of an existing final FD order on custody and support.
The judge (who has literally been on the bench for only a couple of weeks) gave her a form order saying she must file a Notice of Proposed Judgment (R. 5:5-10).
But.... there's no affirmative relief being sought, so she shouldn't have to try to navigate doing this. I volunteered to write the judge, but this is one of those things "we just know", yet finding authority to back it has resulted in a huge of time.
The only thing I can find is a sheet from Middlesex a few years ago (attached) on putting divorces through without a personal appearance, which says it can be done when there are no children / support issues, a signed PSA is supplied, or "when the relief requested is the dissolution of the marriage and the continuation of final Orders entered in other proceedings resolving all issues of custody, [parenting time] and support and where no other issues are presented."
Anyone aware of any other authority -- of anything that would extend this "common sense" concept to a litigant not having to file and serve a Notice of Proposed Judgment (with an examination of all the statutory factors on custody and support, a CIS, and proof of service, etc)?
Thanks...
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David Perry Davis, Esq.
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