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CLEMENTI v. CLEMENTI

DOCKET NO. FM-15-1242-13N

85 A.3d 425 (2013)

434 N.J. Super. 529

Gayle CLEMENTI, Plaintiff, v. Frank CLEMENTI, Defendant.

Superior Court of New Jersey, Chancery Division, Ocean County, Family Part.

Decided August 13, 2013.

Attorney(s) appearing for the Case

Peter J. Bronzino , Brick, for plaintiff.

No appearance by defendant.

L.R. JONES, J.S.C.

This case addresses how defendant's non-appearance at a default divorce proceeding impacts plaintiff's burden of proof regarding equitable distribution. For the reasons set forth in this opinion, the court holds the following:

1) When a defaulting defendant fails to participate in a divorce proceeding, the plaintiff is not automatically entitled to a default judgment granting all requests regarding equitable distribution. Rather, plaintiff...

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