50°
PREPARED BY THE COURT
JANIE GILMORE, Plaintiff,
vs.
KAHLYL WILLIAMSON, Defendant.
FILED
AUG 7 2023
SOMERSET COUNTY SUPERIOR COURT
ROBERT G. WILSON, P.J.F.P.
SUPERIOR COURT OF NEW JERSEY
CHANCERY DIVISION - FAMILY PART
SOMERSET COUNTY
DOCKET NO. FM-18-192-23
CIVIL ACTION
ORDER
This matter having been opened to the court by way of motion filed by plaintiff, Janie Gilmore; and it appearing upon a review of the certification of the plaintiff that service of process cannot be effected within the State of New Jersey, and it appearing that after diligent inquiry and effort, defendant's whereabouts are unknown; and it further appearing there is no person who may be served in place of the defendant; and the court having considered the pleadings and motion papers filed; for good cause shown;
It is, on this 7th day of August 2023, ORDERED as follows:
1. Plaintiff's request to serve defendant by way of publication is GRANTED, as modified. Plaintiff shall file a notice of the filing of the complaint in the Somerset Daily Voice, within 14 days of the entry of his order.
2. Plaintiff's request to serve defendant by way of email is GRANTED, as modified. Plaintiff shall send a copy of her complaint via email to defendant's email, kahlyl.will@gmail.com.
3. The court shall serve this order on the plaintiff upon entry of the order.
HON. ROBERT G. WILSON, P.J.F.P.
Statement of Reasons:
The parties married on April 4, 2022. No children are borne of the marriage. Plaintiff filed for divorce on July 26, 2022. On December 27, 2022, plaintiff reached out to defendant's mother and sister requesting defendant's address so she may serve him, but to no avail. Plaintiff filed a motion on January 30, 2023 requesting to serve defendant her complaint via email and through publication of notice in the Somerset Daily Voice.
When an adverse party cannot be located, the filing party may request service by publication upon showing a diligent inquiry into the adverse party's current address. R. 5:4-4(c). Here, plaintiff has attempted several times to determine defendant's current address so she may serve him her complaint papers. Plaintiff's diligent search satisfies the requirements stated under R. 5:4-4(c) and thus plaintiff's request for service by publication is GRANTED.
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