Rule 5:5-10.Default; Notice for Final Judgment
Last amended September 1, 2025 · Current through September 1, 2026 · Last verified September 8, 2026
Full Text of Rule 5:5-10
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: Former Rule 5:5-2(e), adopted as Rule 5:5-10 June 15, 2007 to be effective September 1, 2007; caption and text amended July 16, 2009 to be effective September 1, 2009; amended July 31, 2025 to be effective September 1, 2025.
Plain-English Summary
A default does not let a plaintiff ask for whatever they like at the hearing. Where equitable distribution, alimony, child support or other relief is sought and default has been entered, the plaintiff must file and serve a Notice of Proposed Final Judgment not less than 20 days before the hearing date.
The Notice has to be specific: the proposed trial date, the value of each asset and the amount of each debt to be distributed together with a proposed distribution, whether alimony or child support is sought and in what amount, and all other relief including a proposed parenting time schedule where that applies. A completed and filed Case Information Statement is annexed. Where the parties have signed a written property settlement agreement, no Notice is required.
Where the summons and complaint were served by substituted service, the Notice is served the same way or as the court permits, again at least twenty days before the hearing, and must tell the defendant that it can be examined at the Family Division Manager's office during business hours, giving the courthouse address.
Frequently Asked Questions
How much notice does a defaulting spouse get?
Not less than 20 days before the hearing date. The Notice of Proposed Final Judgment must be filed and served in that time.
What has to be in the Notice of Proposed Final Judgment?
The proposed trial date; the value of each asset and amount of each debt to be distributed with a proposal for distribution; whether alimony or child support is sought and how much; and all other relief sought, including a proposed parenting time schedule where applicable. A completed Case Information Statement is annexed.
Is the Notice required if we have a settlement agreement?
No. Where a written property settlement agreement has been executed, the plaintiff is not obligated to file the Notice.