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Yes. The affidavit of diligent inquiry requires disclosure of all
efforts made to ascertain the defendant's whereabouts, before seeking
an order for publication. The
Appellate Division of New Jersey vacated a default judgment of divorce
because plaintiff-husband did not disclose in the Affidavit of Diligent
Inquiry, pursuant to R. 4:4-5(c)(2), that:
(a) he was aware the defendant wife had departed for Pakistan and
not for her mother’s residence in New York.
(b) he had her email address where defendant might be reached in
Pakistan, the parties had emailed and the defendant had telephoned
him from Pakistan.R.
4:4-5
(c) also requires that in addition to publication, a notice in the
form of a summons be sent by mail to the defendant's residence or
the place where the defendant usually receives mail if such place
be known:
If the plaintiff had disclosed knowledge of the email address, in
addition to publication, the court would have required that an appropriate
notice of the complaint be emailed to her so that actual notice
to defendant would likely have been effected. Plaintiff's due diligence
in making complete disclosure would have satisfied both the letter
and spirit of R. 4:4-5. |