Motion to Vacate Default in a New Jersey Divorce. After a default has been entered and a date has been set by the Court for a default, the other side may motion the court to vacate the default. Generally, the Courts are supposed to liberal grant the vacating of default in a default divorce in the New Jersey Family Law Courts. However, depending on the circumstances, if the other side requests that you consent to vacate default, you may wish to seek attorneys fees for the vacating of default where time and money in attorney fees for the default divorce have already been spent. In addition, if the other side has ignored multiple requests to settle the case with a property settlement agreement in advance of default, again, you may wish to seek attorneys fees rather than just consent to a vacating of the default. Regardless, if the terms of default are not terms the other side would agree upon and they deal with child custody, child support, alimony or equitable distribution of assets, debts or liabilities, it is likely the court will agree to vacate default to give the other side the opportunity to litigate these issues if they wish to. If you have a default or wish to vacate default, call Green & Associates in our Fort Lee or East Brunswick divorce and family law offices at 732-390-0480 ort 201-242-1119 for a free consultation with our NJ divorce lawyer and NJ divorce attorney.
Oct 24, 2016 @ 11:00 AM — by Michael Green