Rule 5:4-5.Issuance of Summons for Dissolution Complaints

Last amended September 1, 2017 · Current through September 1, 2026 · Last verified September 8, 2026

In one sentenceRule 5:4-5 gives a dissolution plaintiff sixty days from filing to issue a summons, and lets the defendant seek dismissal without prejudice if that deadline passes.

Full Text of Rule 5:4-5

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Plaintiff shall cause a summons to issue within sixty (60) days after the filing of a dissolution complaint. Should plaintiff fail to issue a summons within sixty (60) days from the date of the filing of a dissolution complaint, defendant may seek dismissal of the complaint or such other relief as is just and equitable. Such dismissal shall be without prejudice unless otherwise specified in the order.

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: Adopted July 28, 2017 to be effective September 1, 2017.

Plain-English Summary

A short deadline rule with a clear consequence. The plaintiff must cause a summons to issue within sixty days after filing a dissolution complaint.

If that does not happen, the defendant may seek dismissal of the complaint or other just and equitable relief. A dismissal under this rule is without prejudice unless the order says otherwise — so the case can ordinarily be refiled.

Frequently Asked Questions

How long do I have to issue a summons after filing for divorce?

Sixty days from the date the dissolution complaint is filed.

What happens if the summons is not issued in time?

The defendant may seek dismissal of the complaint or other just and equitable relief. Such a dismissal is without prejudice unless the order specifies otherwise.

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. 5:4-5). 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: 60 days to serveissue summonsdismissal for failure to issue summons