What Happens After Divorce Papers Are Served?

Reviewed by Mark P. McAuliffe

It is understandably an unenjoyable experience when someone shows up at your home or place of work with divorce papers. Whether you anticipated this day to come or the whole thing completely blindsided you, you must set your emotions to the side and proceed forward. Continue reading to learn what should happen after divorce papers are served and how an experienced Bergen County divorce attorney at McNerney & McAuliffe can help you respond appropriately.

How Are Divorce Papers Served in New Jersey?

New Jersey law finds this formal service necessary so that you become fully cognizant of your spouse’s intentions, grounds for divorce, and specific settlement requests regarding alimony, child support, child custody, and property division. To ensure proper protocol, the plaintiff must file an Affidavit of Service with the court, which acts as proof of service and outlines your name, the exact address where you were served, and the date you received the papers.

In accordance with New Jersey Court Rule 4:4, proper service is required before the court can assume jurisdiction over the defendant in divorce matters.

It’s important to understand that generally, a non-biased third party over the age of 18 must be the one to serve your spouse. In New Jersey, the filing spouse is unable to serve a spouse papers. As such, an individual who is not involved in the case, a process server, or the sheriff’s office in the county where the filer resides may be utilized to complete the service.

In the event a spouse intentionally evades service, a process server is generally eligible to legally place the papers at their feet or near their person as a valid means of establishing service. However, they are only able to do so after the individual has confirmed their identity.

Special Service Circumstances

In some instances, like when a spouse lives abroad or is incarcerated, alternative options may apply.

If a spouse is incarcerated:

• Filers may be eligible to file for a fault-based divorce if your spouse is serving a sentence of 18 months or more
• The filer must obtain specific forms, including a mittimus, which allows service to occur at their facility of incarceration

If a spouse lives abroad:

• International procedures apply
• The filer may need to utilize the local U.S. embassy or consulate
• The New Jersey court may issue Letters Rogatory to a foreign court
• If they reside in a Hague Convention member country, the central authority can help filers navigate the process

International service requirements can vary significantly depending on the country involved and may require additional time before a divorce matter can proceed.

What Should Happen After Divorce Papers Are Served?

Once you are served with a Summons and Divorce Complaint in New Jersey, you must respond to the court within 35 days. “Responding” to the court may mean several things.

For one, it may mean that you respond and contest what your spouse (i.e., the plaintiff) has stated in the Divorce Complaint. Or, it may mean that you respond and state separate grounds for divorce and claims you want to make against your spouse (i.e., file a counterclaim). Lastly, it may mean that you respond and request to be heard by the court on your divorce-related issues (i.e., file an appearance).

Failing to file the appropriate response within the required timeframe can limit your ability to participate in important decisions regarding your divorce.

What Happens if I Do Not Respond to the Court?

Whichever way you choose to respond to the court, there is little to no exception to this 35-day deadline. Even if you miss it by just one day, the New Jersey family court may grant the divorce in favor of your spouse by default. To achieve this true default, the filing spouse must prove they made a reasonable effort to serve the papers, that you are continuously refusing to respond, and that the prerequisite 35 days have passed. This means that you may have little to no say in the final judgment of your case, specifically with the divorce-related issues of alimony, child custody, child support, and property division.

In the event a default judgment is requested, the filer will submit a Notice of Proposed Final Judgment and a Case Information Statement that outlines their proposed marital terms and full financial disclosure, respectively. This provides an advantage, as the court may rely solely on the evidence they’ve provided to grant them a final judgment that heavily favors them.

Default judgments can have considerable and long-term impacts on the financial and custodial outcomes of divorce, making it important to ensure you issue the response within the timeframe after service.

What Happens if I Had a Valid Reason Not to Respond?

However, there may be some valid circumstances in which you may successfully vacate a default judgment. That is, you may prove to the court that something beyond your reasonable control prevented you from filing an answer. For example, you may claim excusable neglect, in which your spouse served the Summons and Divorce Complaint at a residential address where you no longer live. Or, your spouse may have intimidated or threatened you into not responding to the court.

Factors the Court May Consider

Ultimately, the court may use its discretion with what is and is not a valid reason to vacate a default judgment. Factors often considered by the court include:

• Prior compliance with court orders
• The provided reason for the missed deadline

Regardless, though, you must file your request for reconsideration of a default judgment within 20 days of the court’s final judgment. If all goes accordingly, you and your spouse may essentially start over with your divorce proceedings.

What Happens if a Spouse Intentionally Causes Delays?

In the event a spouse repeatedly delays the court process through missing court dates or continually requesting extensions, the attorneys involved may be required to step in and negotiate these matters.

In the event the spouse is overseas, they may not be required to return to New Jersey, as video conferences may be an alternative option. However, during complex custody disputes or disagreements involving high-value international assets, physical appearance may be required.

Courts generally have the authority to impose deadlines and other procedural remedies when a party’s conduct unnecessarily delays the progression of a divorce case.

Contact an Experienced Bergen County Divorce Firm Today

In conclusion, arguably the most difficult yet critical part of the divorce process is the first step. So you should not take this first step alone. Whenever you are ready, please get a hold of a skilled Bergen County family law attorney. Someone at McNerney & McAuliffe will be patiently awaiting your phone call. Contact us today to learn more.