PREPARED BY THE COURT
VINICIO MOLINA plaintiff v. LOURDES L. VAZQUEZ defendant
SUPERIOR COURT OF NEW JERSEY PASSAIC COUNTY/ LAW DIVISION FAMILY DIVISION DOCKET NO. FM-16-1334-24
CIVIL ACTION FIELD
Superior court of New Jersey
April 24, 2025
Hon, Nadia Kahf, J.S.C.
ORDER
THIS MATTER having been brought to the court on application by way of Motion by Self-Represented Plaintiff, VINICIO MOLINA, to Reinstate Complaint for Divorce and for Aternate service; and it appearing upon review of the certification of Plaintiff that service of process cannot be affected within the State of New Jersey; and the court having read and considered the pleadings filed herein; and for good cause shown; IT IS on this 24th day of April 2025 ORDERED THAT;
1. Plaintiff's request to Reinstate Complaint for Divorce is hereby GRANTED;
Pursuant to R. 1:13-7(a): "[W]henever an action has been pending for four months... without a required proceeding having been taken therein as hereafter defined in subsection (b), the court shall issue written notice to the Plaintiff advising that the action as to any or all defendent will be dismissed without prejudice 60 days following the date of the notice...action specified in subsection(c). If no such action is taken, the court shall enter and order of dismissal without prejudice as to any named defendant and shall furnish the plaintiff with a copy thereof. After dismissal, reinstatement of an action against a single defendant may be permitted on submission of a consent order... provided it as accompanied by the answer for filing, a case informayion statement, and the requisite fee."
"If the defendant has been properly served but declines to execute a consent order, plaintiff shall move on good cause shown for vacation of dismissal...The motion shall be granted on good cause shown if filed within 90 days of the order of dismissal, and thereafter shall be granted only on a showing of exceptional circumstances."
In the matter presently beforethe Court, Plaintiff filed his Complaint for Divorce on April 11,2024, and the case was administratively dismissed on October 12, 2024, without prejudice, in accordance with R. 1:13(7). Plaintiff filed his motion on March 06,2025.The motion was not filed within ninety (90) days following the dismissal of the Complaint of Divorce. Accordingly, Plaintiff must demonstrate "exceptional circumstances" in order to reinstate his Complaint.
Plaintiff certifies that he has not seen Defendant in over 28 years and needed additional time to conclude a diligent search of her current address to provide proper servoce. Plaintiff has provided enough information for this Court to determine there are exceptional circumstances to reinstate his Complaint for Divorce.
2. Plaintiff's request for subtituted service is hereby GRANTED;
Defendant shall serve upon the Plaintiff Vinicio Molina located at 1301 Bodwell Road Manchester, New Hampshire 03109 either (1) a written appearence in accordance with R. 5:4-3(a) or (2) an answer to the complaint, on or within 35 days of publication; and that if the Defendant fails to answer or file a written appearance in accirdance with R. 5:4-3 (a) judgment by default may be rendered against the Defendant for the relief demanded in the complaint;
Notice of this order prescribed by law and the rules of this Court shall, within 20 days hereafter, be published once in the Herald News, a newspaper printed at passaic County, New Jersey, and proof of such publication shall be filed.
Date:04/24/2025 Hon. Nadia Kahf, J.S.C.
November 20, 21, 25, 26, 28, 30 2025
LNYS0409561
$327.36