There are several counties in New Jersey that will allow a default divorce by agreement without a court appearance. Default Divorce without a Court Appearance If you and your spouse decide to proceed by this method, you should also prepare a marital settlement agreement and sign the agreement after each of you has consulted with a separate attorney.
This saves the other spouse the time and expense of filing an answer. Sometimes spouses who have resolved all issues in their divorce decide between themselves that one of them will file a complaint and proceed with divorce by default. Because members of the United States military are legally protected from default judgments, the plaintiff will also have to file an affidavit with the complaint verifying that the defendant is not in the service. If the defendant spouse fails to answer within that time, the plaintiff then has 60 days to file a request asking the court to grant the default judgment. The spouse filing the complaint (the "plaintiff") must serve a copy of it on the other spouse (the "defendant") and wait 35 days.
This is called a "default" judgment of divorce. If one spouse files a complaint for divorce in New Jersey, the court can grant the divorce even if the other spouse doesn't answer the complaint or appear in the case.
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