NJSBA Family Law Section

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  • 1.  Default When Husband is in the Military

    Posted 06-20-2013 02:52 PM
    Husband, who is in the military, signed acknowledgment of service.  He has not answered or entered an appearance and thirty-five (35) days has passed since his acknowledgment.  I am attempting to proceed with a default, however, the Court has told me that since he is in the military he needs to file an appearance.  Husband is highly unlikely to file an appearance so I am stuck.  Husband is in active duty, but is stationed in the US.  Does anyone have any experience proceeding with default when the spouse is in the military?

    Thanks for any assistance in advanced.

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    Amanda Johnston Esq.
    Associate
    Denville NJ
    (973)537-1700
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  • 2.  RE:Default When Husband is in the Military

    Posted 06-20-2013 02:57 PM
    Usually the court places the matter on the inactive list or holds it in abeyance until the person is no longer on active duty.  It is a courtesy to those actively serving the country.

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    Esther Sieira-Alvarez, Esq.
    Attorney at Law
    Union NJ
    (908)686-1475

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    Original Message


  • 3.  RE:Default When Husband is in the Military

    Posted 06-21-2013 06:19 AM
    Ask Husband to sign consent order agreeing to entry of default including terms of your consent FJOD
    and waiving right to answer, consenting to jurisdiction etc. 
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    Edward Epstein Esq.
    Northfield NJ
    (609)646-8355

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    Original Message