Rule 5:4-3.Answer, Acknowledgment, Appearance

Last amended September 1, 2025 · Current through September 1, 2026 · Last verified September 8, 2026

In one sentenceRule 5:4-3 lets a family defendant answer, file a general appearance, or acknowledge service — and in summary actions lets a defendant be heard on custody, parenting time and support without filing anything at all.

Full Text of Rule 5:4-3

Text sizeJump to: (a) (b)

(a) Generally. Except as otherwise provided by paragraph (b) hereof or by any other rule or statute, a defendant in a family action shall file an answer in accordance with R. 4:5-3 or a general appearance and, without filing an answer, be heard on issues of custody of children, parenting time or visitation, alimony, child support, equitable distribution, counsel fees and other issues incidental to the proceeding. A defendant may also file an acknowledgment of service in accordance with R. 4:4-6.

(b) Summary Actions. In summary family actions in which the process fixes a hearing date, the defendant may file a responsive pleading no later than 15 days prior to the hearing date. The defendant shall not be required to file a responsive pleading to appear on the hearing date to be heard on issues of custody, parenting time, visitation, child support, and other related issues.

End

Amendment History

New Jersey publishes each rule’s amendment record in a “Note” beneath the rule. It is reproduced verbatim below; a “Source” line names the former rule the current one grew out of, and “R. (1969)” citations refer to the earlier numbering it replaced.

Note: Source--R. (1969) 4:78-2, 4:79-1; 5:3-2 (second sentence). Adopted December 20, 1983, to be effective December 31, 1983; paragraph (a) amended November 1, 1985 to be effective January 2, 1986; paragraph (b) amended July 13, 1994 to be effective September 1, 1994; paragraph (a) amended July 5, 2000 to be effective September 5, 2000; paragraph (b) amended July 31, 2025 to be effective September 1, 2025.

Plain-English Summary

The ordinary route is an answer under the civil rules. But a defendant may instead enter a general appearance and, without filing an answer, be heard on custody, parenting time or visitation, alimony, child support, equitable distribution, counsel fees and other issues incidental to the proceeding. Acknowledging service is a third option.

Summary actions are looser still. A defendant who wants to file a responsive pleading must do it no later than 15 days before the hearing date — but is not required to file one at all in order to appear on the hearing date and be heard on custody, parenting time, visitation, child support and related issues.

Frequently Asked Questions

Do I have to file an answer in a New Jersey divorce?

Not necessarily. You may file a general appearance instead and still be heard on custody, parenting time, alimony, child support, equitable distribution, counsel fees and related issues.

When is a responsive pleading due in a summary family action?

No later than 15 days before the hearing date — and it is not required in order to appear and be heard on custody, parenting time, visitation and child support.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court, Part V (N.J. Ct. R. 5:4-3). Prescribed by the Supreme Court of New Jersey. The plain-English summary is original and written by us. Last verified September 8, 2026. · Official source

Also known as: answergeneral appearanceacknowledgment of serviceresponding to a family complaint