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

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

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Attorney answers 2


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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Thank you very much Peter Joseph. My confusion is doesn't the motion needs to be approved by both parties before send to court. If that's true then how will I file a motion when the motion itself is for serving her. Do I need to first get approval for motion and then again serve her. I do have a affidavit from server of deligance that was submitted along with the mall that she received the documents


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.

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