VALENTINA MONTEALEGRE V. FABIO A DURAGNO TORRES

VALENTINA MONTEALEGRE V. FABIO A DURAGNO TORRES SUPERIOR COURT OF NEW JERSEY PASSAIC COUNTY / LAW DIVISION VALENTINA MONTEALEGRE Plaintiff FABIO A DURAGNO TORRES Defendant FAMILY DIVISON DOCKET NO. FM-16-692-24 CIVIL ACTION FILED Superior Court of New Jersey ORDER August 28, 2025 Hon. Nadia Kahf, J.S.C. THIS MATTER having been brought to the Court on application by way of Motion by Plaintiff, VALENTINA MONTEALEGRE, represented by Sixto L. Macias, Esq., to Reinstate Complaint for Divorce and for Substituted Service; and Defendant FABIO A. DURAGNO TORRES, having not received notice; and the Court having read and considered the pleadings filed herein; and for good cause shown; IT IS on this 28th day of August 2025 ORDERED THAT; 1. Plaintiffs 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 defendants 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 information statement, and the requisite fee." FM-16-000692-24 08/28/2025 Pg 2 of 2 Trans ID: FAM20251431247 "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 before the Court, Plaintiff filed her Complaint for Divorce on September 29, 2023, the case was administratively dismissed on May 17, 2025, without prejudice, in accordance with R. 1:13(7). Plaintiff filed her motion on July 16, 2025. 2. Plaintiffs request for substituted service is hereby GRANTED; Plaintiff shall be permitted to serve the Defendant by substituted service, by way of publication of this Order pursuant to R. 4:4-5(a). Within 30 days of the date of this Order, Plaintiff shall publish a Copy of this Order providing a notice of the filing of the divorce complaint in The Herald News, a newspaper with circulation in Passaic County, New Jersey. Proof of publication by way of affidavit of publication from said newspaper shall be filed with the Court within 20 days of the date of said affidavit. Within 35 days of the date of filing of the affidavit of publication with the Court, the Defendant shall serve upon the Plaintiff, either (1) a written appearance in accordance with R. 5:4-3(a) or (2) an answer to the Complaint within 35 days of the publication and that if the Defendant fails to answer or file a written appearance in accordance with R. 5:4-3, judgment by default may be rendered against the Defendant for the relief demanded in the complaint. Further, (l) if the Defendant is unable to obtain an attorney, that the Defendant may contact the Lawyer Referral Service of the County of Passaic by calling (973) 345-4585 and further that if the Defendant cannot afford an attorney, the Defendant may contact Northeast New Jersey Legal Services by calling (973) 523-2900; and (2) the Defendant shall promptly file the answer or written appearance and proof of service thereof in duplicate with the Clerk of the Superior Court, Passaic County Courthouse, in Paterson, New Jersey in accordance with the rules of civil practice and procedure. Service upon Defendant by other special substituted service is hereby dispensed within this action. 08/28/2025 Date Hon. Nadia Kahf, J.S.C. Publication Dates LNYS0387944 $