NJSBA Family Law Section

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  • 1.  Divorce by Affidavit

    Posted 10-10-2018 01:11 PM
    Is there a list of which counties allow uncontested divorces to be done by Affidavit?


  • 2.  RE: Divorce by Affidavit

    Posted 10-10-2018 01:32 PM
    There should be.  But I'm not sure.  Let's answer and make our own list.  I think yes for ocean, somerset and maybe hunterdon.  The biggest question is do you want to do it. These people want to serious ceremony to get married. They should have a similar ceremony to get divorced. It also gives them closure. And also confirms that they were satisfied with their attorney services in case they decide they don't want to pay the bill later on.  Lots to think about.




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  • 3.  RE: Divorce by Affidavit

    Posted 10-10-2018 01:42 PM
    Also, some Judges / Counties are uniquely particular; one form does not particularly fit all. I have found that except in exceptional circumstances, all told, it is easier to have the client present. As an aside, some counties/judges will allow for the party to testify by phone. I just completed one in Burlington County where both parties testified by phone.

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  • 4.  RE: Divorce by Affidavit

    Posted 10-10-2018 01:48 PM
    There's a list going around somewhere. See message with subject line: 

    RE: Family Law : Counties / judge permitting no-appearence / "on the papers" divorces




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  • 5.  RE: Divorce by Affidavit

    Posted 10-10-2018 01:48 PM

    Are we missing the point here?  Divorce by affidavit is not some pilot program, it is the law.  But courts are not permitting it.  So maybe we should deal with why.  And you can add Mercer to the list of those who do.




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  • 6.  RE: Divorce by Affidavit

    Posted 10-10-2018 02:20 PM

    Morris will do it as well after asking permission from the assigned judge.

    Bonnie

     

    Bonnie C. Frost, Esq.

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  • 7.  RE: Divorce by Affidavit

    Posted 10-10-2018 02:40 PM
    This is to the best of my knowledge the "no appearance" counties. Maybe others could block and copy this chart and correct / add information for other counties?

    Atlantic -<x-tab>      </x-tab>Yes
    Bergen -<x-tab>        </x-tab>?
    Burlington -<x-tab>    </x-tab>No - no judges will do it (absent case-by-case extremely good cause like a client being deployed)
    Camden -<x-tab>        </x-tab>?
    Cape May -<x-tab>      </x-tab>?
    Cumberland - <x-tab>   </x-tab>Permitted by all judges
    Essex -<x-tab> </x-tab>?
    Gloucester - <x-tab>   </x-tab>Permitted by all judges
    Hudson -<x-tab>        </x-tab>?
    Hunterdon - <x-tab>    </x-tab>Permitted by all judges
    Mercer - <x-tab>       </x-tab>Permitted by all judges
    Middlesex<x-tab>       </x-tab>Appears to be a judge-to-judge issue? Some are permitting it, some only if special permission (via a letter) is requested, some aren't permitting it
    Monmouth -<x-tab>      </x-tab>?
    Morris -<x-tab>        </x-tab>?
    Ocean- <x-tab> </x-tab>Permitted by all judges
    Passaic -<x-tab>       </x-tab>?
    Salem- <x-tab> </x-tab>Permitted by all judges
    Somerset- <x-tab>      </x-tab>Permitted by all judges
    Sussex- <x-tab>        </x-tab>Permitted by all judges
    Union -<x-tab> </x-tab>?
    Warren- <x-tab>        </x-tab>Permitted by all judges




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  • 8.  RE: Divorce by Affidavit

    Posted 10-20-2018 10:58 AM

    This is to the best of my knowledge the "no appearance" counties. Maybe others could block and copy this chart and correct / add information for other counties?
    I ADDED CAPE MAY (AND I AM NOT YELLING)
    Atlantic -      Yes
    Bergen -        ?
    Burlington -    No - no judges will do it (absent case-by-case extremely good cause like a client being deployed)
    Camden -        ?
    Cape May -      Not permitted except for good cause
    Cumberland -    Permitted by all judges
    Essex - ?
    Gloucester -    Permitted by all judges
    Hudson -        ?
    Hunterdon -     Permitted by all judges
    Mercer -        Permitted by all judges
    Middlesex       Appears to be a judge-to-judge issue? Some are permitting it, some only if special permission (via a letter) is requested, some aren't permitting it
    Monmouth -      ?
    Morris -        ?
    Ocean-  Permitted by all judges
    Passaic -       ?
    Salem-  Permitted by all judges
    Somerset-       Permitted by all judges
    Sussex-         Permitted by all judges
    Union - ?
    Warren-         Permitted by all judges

     

    Lisa M. Radell, Esq.

    207 South Main Street

    Cape May Court House, NJ 08210

    Tel (609) 465-9910

    Fax (609) 465-9920

     




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  • 9.  RE: Divorce by Affidavit

    Posted 10-20-2018 12:54 PM
    Thanks!




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  • 10.  RE: Divorce by Affidavit

    Posted 10-20-2018 02:24 PM
    Hudson varies by judge

    Jeffrey M. Bloom
    Sent from my iPhone



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