Rule 5:7-9.Affidavit or Certification of Non-Military Service
Last amended September 1, 2011 · Current through September 1, 2026 · Last verified September 8, 2026
Full Text of Rule 5:7-9
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 June 15, 2007 to be effective September 1, 2007; amended July 21, 2011 to be effective September 1, 2011.
Plain-English Summary
The dissolution counterpart to the summary-action rule. In every action and proceeding for divorce, dissolution of civil union, termination of domestic partnership, nullity, separate maintenance or child support, no order may be entered by default without an affidavit or certification of non-military service.
The point is that a default judgment against an absent servicemember is vulnerable long after it is entered. Establishing non-military status at the outset is cheaper than reopening a judgment years later.
Frequently Asked Questions
Can I get a default divorce in New Jersey?
Not without providing the court an affidavit or certification of non-military service, as required by R. 1:5-7.
Which proceedings does this cover?
Divorce, dissolution of civil union, termination of domestic partnership, nullity, separate maintenance and child support.