If your spouse doesn’t respond to the divorce papers in Union County, or anywhere in New Jersey for that matter, within the allotted time frame, you may worry that you will be unable to proceed with the process. However, it’s important to understand that you are likely eligible to pursue a default judgment if your spouse does not respond within 35 days of service. A default judgment allows the court to proceed without the participation of your spouse while ensuring your requested terms are fair. If you require representation during your separation or divorce, speak with a Union County divorce attorney for more information.
How Long Can My Spouse Take to Respond to the Divorce Papers?
The amount of time the spouse who is served has to file a response varies depending on the state you are in and the way they were served. In New Jersey, including Mountainside, Rahway, Westfield, and the surrounding Union County communities, individuals who are served divorce papers must respond to the complaint within 35 days of service. If they fail to do so they can face certain consequences.
Important Default Judgement Deadlines
- In New Jersey, a spouse has 35 days to respond after being properly served
- The response generally includes an Answer or Appearance filing
- Failure to respond within 35 days allows the filing spouse to seek a default
- Deadlines begin only after a valid legal service has been completed
What Happens if My Spouse Doesn’t Respond to the Divorce Papers?
If your spouse fails to respond within the 35-day timeframe, there can be legal implications that follow. You can request a default judgment from the court. A default judgment means that a court will grant the divorce based on your requests only and without hearing from your spouse. You must provide evidence that the papers were properly served and that your spouse did not respond in a timely manner.
The court will schedule a default hearing where they may grant a judgment after evaluating your original complaint and all evidence that proper procedures were followed. A court will consider whether or not the terms you requested in regard to asset distribution, alimony, child custody, and child support are fair and reasonable. If they are, they may decide to grant the default divorce.
What Is a Default Judgment?
- A legal ruling is issued when one party fails to respond
- Allows the court to proceed without the input or participation of the non-responding spouse
- Requires proof of:
- Proper divorce paper service
- Expired response deadlines
- The judge will review:
- Suggested division of assets
- Proposed child custody arrangements
- Requests for domestic support, like child support or alimony
- The judge will ensure that the terms you have requested are fair and reasonable
This legal process allows the court to move forward with your divorce, even if your spouse refuses to participate or respond.
What If My Spouse Refuses to Participate or Sign Divorce Papers?
If your spouse dodges service, refuses to sign papers, or is otherwise uncooperative, it’s important to understand that they cannot indefinitely delay your divorce. The court understands that some spouses may refuse to participate, and has a process in place if this is the case.
If Your Spouse Ignores the Divorce Complaint
- You can petition the court to enter a default judgment after 35 days
- The case will generally proceed as uncontested
- Your spouse’s ability to challenge the terms of the divorce will be limited
- You still must demonstrate that the relief you are seeking is fair
If Your Spouse Refuses to Sign the Final Agreement
- A spouse cannot legally be forced to sign a Marital Settlement Agreement
- If this is the case, the court may:
- Order you to participate in mediation with your spouse
- Schedule settlement conferences
- If unresolved:
- The case becomes contested
- The judge assigned to your case will make the final decision
- A court order is legally binding, even if your spouse refuses to sign or acknowledge it
Will My Spouse Have a Say?
Your spouse was given the opportunity to counter or agree to the terms when they were served the divorce papers. By not responding, they have given up their opportunity to present their side of the story or negotiate the terms of the divorce. Their neglect could cause the final judgment to be unfavorable to them, but that is the consequence of failing to respond.
Once the final divorce decree is signed and issued, the terms of the divorce become legally binding. Your spouse will have no choice but to abide by the conditions within the agreement.
Step-by-Step: How to Proceed if Your Spouse Does Not Respond
If you have filed for divorce in Union County, but your spouse has failed to respond, you do not have to wait for them to proceed. While you must still ensure that the 35-day waiting period elapses without a response, the court provides a clear legal pathway that allows you to finalize your divorce without the participation of your spouse.
Steps to Take
- File your divorce complaint with the court
- Properly serve your spouse with divorce papers
- Wait the required 35-day response period
- Request the court to enter a default judgment
- Provide proof of service and non-response
- Prepare for a default hearing
- Demonstrate that the requests you’ve made are fair and reasonable
- Receive the final default judgment of divorce
Contact a Skilled Union County Divorce Attorney
If you wish to obtain a divorce in Mountainside, Scotch Plains, Elizabeth, or any other community in or around Union County, it’s in your best interest to connect with an experienced divorce attorney with Ross & Calandrillo. This is especially true if your spouse is uncooperative and you believe a default divorce is necessary. When you need help, do not hesitate to contact our firm today to learn how we can represent you
