NJSBA Family Law Section

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  • 1.  Service by publication

    Posted 06-10-2014 04:24 PM
    This message has been cross posted to the following Discussions: Solo and Small Firm and Family Law .
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    I have filed a complaint for divorce and can not locate Defendant/Husband for service.  We have done a skip trace to no avail, tried personal service at his parents and friends homes and have not been successful.  If anyone has any forms they would be willing to share off list as to the Affidavit of Inquiry and notice of publication I would greatly appreciate it.  TIA

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    Jennifer Armstrong Esq.
    Brick NJ
    (732)281-6000
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  • 2.  RE: Service by publication

    Posted 06-10-2014 06:21 PM
    This might help, it's for FD cases, but you could modify it for FM.  You'll have to provide the court with a certification of diligent inquiry to get permission for service by publication. The letters provided in the packet below will help you establish diligent inquiry.  

    http://www.judiciary.state.nj.us/prose/11490_diligent_srch_cert_prose.pdf



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  • 3.  RE: Service by publication

    Posted 06-11-2014 06:03 PM
    I'll send a sample offlist.  Note that there is no "automatic win" motion on this.  Different judges have different standards as to what qualifies as a "diligent effort" to locate a defendant.  All want: DMV / MVS search (form), postal search (form), Military / DoD search, corrections search, and a certification that plaintiff reached out to anyone / everyone who might know where defendant is.

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    - Dave

    David Perry Davis, Esq.
    112 West Franklin Avenue
    Pennington, NJ 08534
    Voice: 609-737-2222
    Fax: 609-737-3222
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    Original Message