Articles Tagged with default judgment

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Going through a divorce can be time consuming, expensive, and emotionally draining, among many other things. For this reason and more, many people try to rush the process and enter into an file0001849487704-300x225ill advised settlement agreement  on their own in order to obtain a quick divorce and move on with their lives sooner rather than later.  Conversely, other people prefer to stick their heads in the sand and do nothing when their spouse files a divorce complaint, which can lead to the entry of a default judgment of divorce by the court that is contrary to their best interest.  While taking either of these actions may work for some individuals, if such actions result in an unfavorable outcome, it can be costly and possibly difficult to correct, if they can be corrected at all. Continue reading ›

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Earlier this month, the New Jersey Appellate Division took up the issue of whether or not a litigant living as a fugitive outside the United States has standing to challenge a default judgment entered by the trial relating to custody and support. The case of Yvietta Matison v. Mark Lisantary, involved an appeal by the father from the trial court’s June 20, 2014 order denying his motion to vacate a May 1, 2013 default judgment, which awarded the mother palimony and custody of the couple’s twin children, who were born in 2004. The court based its ruling on the facts submitted by the mother because the father did not participate in the litigation. According to the mother, “Before she came to the United States in March 2006, the father purchased a home valued at approximately $1.9 million in Franklin Lakes and paid for substantial renovations to the home. He also provided a nanny, interior decorator and secretary. During this time, [ the father] returned to Europe to conduct business and [the mothejudger] remained in the Franklin Lakes home with the children and the nanny. He subsequently sold the property, and plaintiff and the children moved to Tenafly where the children were enrolled in private school. [The father] continued to provide support to plaintiff from abroad. Continue reading ›

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883985_business_lawRecently trial Judge L.R. Jones, J.S.C., an effective and prolific writer, explored the procedures to be followed when pursuing a default judgment.  If a defendant does not file an answer or appearance within the thirty-five days after a divorce complaint is filed and lawfully served upon him or her, the plaintiff may file a request to enter default. Continue reading ›