Full question:
How many times does a process server attempt to serve divorce information before it will go to publication in New Jersey?
- Category: Divorce
- Date:
- State: New Jersey
Answer:
In New Jersey, there is no specific statutory requirement for the number of attempts a process server must make before resorting to publication. According to Rule 4 of New Jersey's Rules of Civil Procedure, if a plaintiff's attorney or another knowledgeable person provides an affidavit stating that a defendant cannot be served after diligent inquiry, service can be made by publication. This applies in cases involving specific property or matrimonial actions.
Service by publication can occur in the following ways: 1. Personal service outside the state, as outlined in R. 4:4-4(b)(1)(A) and (B); 2. Service by mail, as described in R. 4:4-4(b)(1)(C); or 3. By publishing a notice once in a newspaper with general circulation in the relevant county, followed by mailing a copy of the notice and complaint to the defendant's residence within seven days after publication. If the defendant's residence is unknown and cannot be determined, or if the defendants are treated as unknown owners or claimants under R. 4:26-5(c), different rules apply, including posting the notice on the affected land within seven days after publication.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.