Default Divorce in New Jersey: What Happens When Your Spouse Doesn't Respond

The 35-Day Response Window

After your spouse is formally served with the divorce complaint and summons, they have 35 calendar days to file a response with the court. That response can take three forms: an Answer (contesting specific allegations), an Answer and Counterclaim (asserting their own grounds for divorce), or a Notice of Appearance (not contesting the divorce but reserving the right to be heard on custody, support, or property issues).

If those 35 days pass with no response filed, your case can enter the default track.

How to Request Default

You do not automatically get a default judgment just because your spouse did not respond. You must affirmatively request it.

File a Request to Enter Default with the court within 60 days after the response window expires. Along with this request, you must submit an Affidavit of Non-Military Service — a sworn statement verifying that your spouse is not on active military duty. Federal law under the Servicemembers Civil Relief Act protects active-duty personnel from default judgments, and you are required to check their status using the Department of Defense database before proceeding.

With a Property Settlement Agreement

If you and your spouse previously signed a Property Settlement Agreement (PSA) — even if they later became unresponsive — the default process is straightforward. Submit the signed PSA along with your default paperwork. The judge will typically incorporate its terms into the final judgment without a contested hearing.

Without a Property Settlement Agreement

If there is no signed PSA, you must do additional work. The court requires you to file a Notice of Proposed Final Judgment under Court Rule 5:5-10. This notice must include:

• The proposed court date
• A complete list of all marital assets and debts with their values
• Your proposed distribution of those assets and debts
• Whether you are seeking alimony or child support, and the specific amounts
• Your completed Case Information Statement (CN 10482) as an attachment

You must serve this Notice on your spouse at least 20 days before the scheduled default hearing, and bring proof of that service to the hearing.

What Happens at the Default Hearing

The hearing is primarily one-sided. You present your case — including evidence of asset values and your proposed distribution. The judge reviews whether the proposed division is fair and equitable under the statutory factors.

A default does not mean the court rubber-stamps everything you ask for. The judge still evaluates whether property division is equitable under N.J.S.A. 2A:34-23.1 and whether support amounts are reasonable. If your proposals seem lopsided or unsupported, the judge can modify them.

If your defaulted spouse shows up to the hearing, they are generally allowed to cross-examine your witnesses. But they cannot present their own evidence, call their own witnesses, or make arguments. The exact level of participation is at the judge's discretion.

Timeline for Default Cases

Default divorces typically take three to six months from filing to final judgment. The main variables are how quickly you complete service, how fast the court schedules the default hearing, and whether the judge has questions about your proposed terms.

The New Jersey Divorce Filing Process Guide includes a service-of-process tracker and a default pathway checklist so you hit every deadline without missing the 60-day request window.

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