NJSBA Family Law Section

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  • 1.  Judgment on the papers in Middlesex County

    Posted 11-19-2013 12:13 PM
    Does anyone know if Middlesex County is entertaining the entry of FJD's on the papers in uncontested cases?  Thanks!

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    Rosanne DeTorres Esq.
    Flemington NJ
    (908)284-6005

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  • 2.  RE:Judgment on the papers in Middlesex County

    Posted 11-19-2013 12:26 PM

    On March 21, 2003, however, Judge Richard J. Williams, J.A.D. as the Administrative Director of the Courts, sent all Assignment Judges a memorandum, authorizing Hudson County to join Atlantic County and Somerset County in the pilot program permitting the use of default dissolutions without an appearance. Judge Williams advised that the approval for Hudson County was based upon the success in Atlantic County and Somerset County.  He also specifically noted that the memorandum was sent to bring this procedure to the attention of other vicinages in the event other counties wanted to replicate the procedure. Shortly thereafter, with the approval of the Supreme Court, Middlesex County released a Notice to the Bar that it would also be permitting the entry of default judgments without personal appearance in certain dissolution proceedings effective July 1, 2003 and provided extremely detailed requirements to obtain same. [i]

    [i] The Notice listed that the procedure would be available for the following cases: (1) where the relief requested is limited to the dissolution of the marriage; (2) where the relief is limited to the dissolution of the marriage and the incorporation in the Judgment of Divorce of a written Property Settlement Agreement executed by both parties resolving all issues; (3) when the relief requested is the dissolution of the marriage the continuation of final Orders entered in other proceedings resolving all issues of custody, visitation and support and where no other issues are presented; and (4) in any circumstances noted above, relief may also be requested, by either party to permit that person to resume/assume the use of a prior or other name, pursuant to N.J.S.A. 2A:34-21 (this Notice can be found at http://www.judiciary.state.nj.us/notices/n030610a.pdf).


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    Charles Vuotto Esq.
    Matawan NJ
    (732)696-2500

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    Original Message


  • 3.  RE:Judgment on the papers in Middlesex County

    Posted 11-19-2013 12:40 PM
    Yes, Rosanne, I have done several.

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    C. Megan Oltman Esq.
    Princeton NJ
    (609)947-0784

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    Original Message


  • 4.  RE:Judgment on the papers in Middlesex County

    Posted 11-20-2013 08:18 AM
    I seem to remember - perhaps incorrectly, since I've never done one personally - that Judge Berman published a vicinage policy on this in Middlesex. Chuck Hager may know.

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    Curtis Romanowski Esq.
    Senior Attorney - Proprietor
    Brielle NJ
    (732)603-8585

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    Original Message


  • 5.  RE:Judgment on the papers in Middlesex County

    Posted 11-20-2013 12:33 PM
      |   view attached
    The vast majority of the dissolutions I handle are done on the papers.  The only time I've appeared in the past several years has been when there were complex issues or a case where the cost of appearing is otherwise justified by ensuring, for example, that the parties in a litigious case are fully aware of their rights to trial, etc (guarding against any future application to reopen).

    In other words, when a PSA has been signed with competent counsel on both sides (or is a default with very simple issues or no issues), I really don't see the justification to hit up a client for a 1.5 - 3.0 court appearance for something that is completely rote.  In lower income cases where the issues are fully resolved, I often discuss the option of the party substituting in and attending a final hearing pro se (occasionally a client will say that they understand they could avoid the cost, but emotionally they want to attend and it's worth the money).  I'm glad to see this practice is finally going statewide.  So long as we're all aware of when the cost and time is justified and appropriate (and when it's not), it's a major improvement to the system.

    From my knowledge, the following counties always permit divorces to be completed on the papers:  Mercer, Somerset, Middlesex, Hunterdon, Warren.  The following counties (to my knowledge, I could be wrong and just haven't gotten the right judge assigned) never permit it:  Burlington, Gloucester, Sussex.  In the following, it seems to be a "judge to judge" issue; some permit it and some don't:  Ocean, Bergen, Morris.  I know one litigant in Burlington who learned that he couldn't do it on the papers wrote an angry letter to the PJ a couple years ago asking why the cost and time could have been avoided if they'd filed three miles north in Mercer.

    It's also great to hear that there will be a uniform standard.  There is a 10 year old AOC memo from Middlesex that I've used (and sent to the occasional judge who inquired).  A copy is attached.  If anyone needs a sample set of what I've filed, let me know.  When someone gets the new uniform guidelines, please provide them to the list.

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    David Perry Davis, Esq.
    112 West Franklin Avenue
    Pennington, NJ 08534
    Voice: 609-737-2222
    Fax: 609-737-3222
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    NoAppearDocs.pdf   133 KB 1 version
    Original Message