Divorce is often a complex and emotional process. Deciding to end a marriage can be a difficult decision, and when the two spouses do not see eye to eye it can complicate things even more. When you decide to file for divorce in New Jersey you must serve the divorce papers to your spouse. The documents include the official complaint and information about the terms you are requesting regarding alimony, property division, child custody, and more. If your spouse doesn’t respond to the divorce papers within the allotted time frame, there could be consequences. 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, individuals who are served divorce papers must respond to the complaint within 35 days of receiving it. If they fail to do so they can face certain consequences.
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.
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.
Contact a Skilled Divorce Attorney
If there are errors during the default judgment or your spouse comes up with a valid reason for their lack of response, there is potential for the judgment to be appealed. It is important that you understand your rights as well as the implications of a default divorce. Work with an experienced attorney for more information and skilled representation during your divorce.
