Default Divorce Judgement overturned

Asked over 2 years ago - Somerset, NJ

I recently was awarded a default divorce judgement in Middlesex County. Now the defendant in the case has petitioned the judge to vacate the default judgement stating that she had contacted the court clerks after receiving the final judgement and was informed that her response was sitting in their outbox and never got filed thus a default hearing should not have taken place at all. Is it possible that the judge can now vacate and overturn my divorce and has this ever been done before in New Jersey? I am about to remarry in 2 months and very concerned

Attorney answers (5)

  1. Christopher Barrett Fay

    Contributor Level 13

    4

    Lawyers agree

    Answered . It would appear that the default judgment could be reopened due to it being procedurally defective since service was not proper. However, depending on the other issues involved, it may be that the end result of a divorce decree is a goal of the defendant, too, such that this could be quickly cured if handled properly.

    You should consult with a family law attorney immediately.

    Good luck,
    Chris
    PS: Please mark this as a best answer if it is most helpful to you.

    The Law Office of Christopher Barrett Fay, 1325 Spruce St., Philadelphia, PA 19107, chris@cfaylaw.com, (267)... more
  2. Yolanda Navarrete

    Contributor Level 20

    4

    Lawyers agree

    Answered . The court will probably schedule you both to appear and go over the issues on the record. Unless he contests a material issue, the divorce. If the opposite occurs, however, there could be another hearing on the matter. You should definitely get a formal consultation with a family attorney, where all the documents will be reviewed.

  3. John B. D'Alessandro

    Contributor Level 14

    3

    Lawyers agree

    Answered . I concur with the above contributors. It is likely that the court will not vacate the actual dissolution of the marriage but if there are questions as to equitable distribution, spousal or child support then the court may reopen the matter to address those issues.

    IMPORTANT LEGAL NOTICE: The response to the question posted is not legal advice and it does not create an attorney-... more
  4. David Perry Davis

    Contributor Level 17

    3

    Lawyers agree

    Answered . I agree with the other responses.

    What the court may do (and what you may need to ask the court to do in case it doesn't think of this) is to "bifurcate" the issues if the judgment is vacated. That means that you'd still be divorced and free to remarry, but whatever issues existed would be open for resolution or a trial. The court rules carry a presumption against bifurcating divorces, but your facts are sufficiently unusual that I'd wager a court would agree that it's the only way to proceed.

    IF YOU LIKE THIS ANSWER AND APPRECIATE THE TIME IT TOOK TO WRITE IT, PLEASE SELECT IT AS "BEST ANSWER." Thanks.... more
  5. Ronald Glenn Lieberman

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . There are reasons for her to obtain the vacation of the default judgment. You should retain an attorney to negotiate a resolution to your open issues.

    DISCLAIMER This answer is provided for educational purposes only. By using or participating in this site you agree... more

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Default Judgment in Divorce: When the Defendant Never Responds

Default divorce judgments are one-sided judgments favoring the plaintiff. They may be granted if the defendant doesn't respond when served.

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