Good morning. I represent a client whose husband is stationed at the Joint Base McGuire-Dix-Lakehurst and is an active member of the armed services, although he is not currently deployed and simply working at the Base. After originally running into some trouble with service as the Base was refusing to allow the County Sheriff in to serve same, we finally had the Defendant served with the Complaint for Divorce. He has now defaulted as the 35 days to answer or appear has lapsed.
I know that generally speaking the next step is to file a Request to Enter Default and to include an Affidavit of Non-Military Service, which is required prior to the Court entering default in the matter. The question is...what do you do or file if the Defendant is an active member of the military, but not deployed, and he has failed to answer or appear? I do not want to run into trouble with the Court and have the Request to Enter Default rejected and told that the Affidavit states that the Defendant is an active military member. I also cannot imagine that the matter would be stayed indefinitely if the Defendant remains active in the military, which could last for years, leaving my client unable to get divorced. I have tried to research the issue, but cannot seem to find the answer.
What would the next logical step be in this situation to move the case forward? File the Request to Enter Default anyway and advise the Court that he is active, but not deployed? How do I prove this, by my client's Certification? I am sure that someone else has encountered this situation before. Any guidance would be greatly appreciated. Thanks in advance.
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Edward Wojciechowski Esq.
Attorney
Brielle NJ
(732)967-6777
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