When you unexpectedly discover that your spouse filed for divorce, your whole world can turn upside down. It is important that you take quick action to ensure you are meeting all requirements expected of you and that you can protect yourself during the process. Speak with an Elizabeth divorce & family law attorney for legal advice and representation.
What Should You Do if Your Spouse Unexpectedly Filed for Divorce?
If you were served divorce papers out of the blue, consider the following steps.
- Read the divorce petition: You cannot do anything without understanding the situation you are in. Although it may seem like a lot of incomprehensible legal jargon to you, it is important that you read the papers. They will outline the grounds your spouse is filing under, what they request in terms of property, alimony, and child custody, the location of the court they filed with, etc.
- Get in touch with a lawyer: You should reach out to an attorney as soon as you possibly can. There is a strict deadline for spouses to file a response to divorce papers so it is imperative that you move quickly as you do not have the luxury of time to prepare. Before taking any other step, set up a consultation with an experienced lawyer.
- Process your feelings: While it is important to protect yourself legally, your mental health should also be prioritized. If you were truly not expecting to be served with divorce papers you are probably confused, upset, angry, overwhelmed, or a combination of all of the above. Reach out to a trusted friend or family member to discuss the situation or take time with a counselor to process your emotions.
- Talk to your spouse: Your spouse is probably having a hard time grappling with their decision, and there is likely a communication issue if the papers were served out of the blue. Try to have an amicable discussion with your spouse about why they filed and explore all options. You may be able to reconcile or settle on marriage counseling before proceeding with the divorce. Even if there is no avoiding the divorce, it is still important that you understand the situation.
- Respond: Under NJ state law, spouses have 35 days from the date divorce papers are received to file a response. Your lawyer can help you file a response depending on what you would like to do. You can agree to all terms that your spouse requested and file an uncontested divorce. However, you can also disagree with one or more line items in the petition and say so in your response.
It is important that you do what you can to quickly prepare for the response and divorce proceedings. If you were unexpectedly served with divorce papers, get in touch with a skilled lawyer as soon as possible.
