Court is asking for a motion to be filed for me to serve. I am confused on this

Asked over 1 year ago - Edison, NJ

I am a new jersey resident. My wife she is in India.I filed for a divorce in middle sex county.
I prepared the paperwork and filed the divorce document. Its been few months courts asked me to submit a proof of service. I hired an process server personal service one and another service through the convention. The personal one send me a affidavit of diligence . I submitted to court stating I tried but she was not there. The documents were also mailed by the same person and it been received. I submitted all the required tracking details.
Now the court is saying I need to file a motion stating that I will be serving via Fed express and other means before eve I serve the documents . Once the judge approves it then I have to serve. Please advice on this

Attorney answers (2)

  1. Peter Joseph Lamont


    Contributor Level 18

    Answered . While I would need more information before I could provide you with a proper response, you need to have completed service on your wife. Since the process server could not serve her, the Court wants you to file a motion for alternative service (Federal Express).

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  2. Geraldene Sherr Duswalt


    Contributor Level 8

    Answered . I agree with the prior answer in that it is often hard to answer questions without full information and I do not want to give incorrect information. It seems like the Judge wants to make sure that your Wife has actual notice of the proceeding before granting you the divorce. This benefits you as well since it will be harder for her to open the divorce later on claiming she was never served. Since you are already on your way to finalizing the case, you may want to hire an attorney to make sure your substituted service is good and your default is processed. This should not cost as much as having representation from the start. Otherwise, there are motion forms on-line that you can get from the judiciary web site that might help you with the form. Good luck.

    Disclaimer: The information you obtain at this answer is not, nor is it intended to be, legal advice. You should... more

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