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

Edison, NJ |

Hi,
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. 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).

    If you find this answer help please mark it as "helpful" or "best answer". Your feedback is greatly appreciated.

    If you found this Answer helpful, please mark it as "Best Answer". Your feedback is greatly appreciated. Peter J. Lamont, Esq. Law Offices of Peter J. Lamont 623 Lafayette Avenue, Suite 2, Hawthorne, NJ 07506 Phone: (973) 949-3770 Fax: (866) 603-0471 Toll Free: (855) NJLAW01 (855) 655-2901 www.peterlamontesq.com Additional Offices in New York, Monument, CO, San Juan, PR and affiliates throughout the country. PLEASE NOTE: The above statements are provided for informational purposes only and do not constitute legal advice. Transmission of the information is not intended to create, and the receipt does not constitute, an attorney-client relationship between sender and receiver. You should not act or rely on any information contained on this site without first seeking the advice of an attorney.


  2. 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 consult an attorney for individual advice regarding your own situation. Review of this answer does not in any way constitute legal representation,

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