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.
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).
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. 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.
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.
Ultimately, the court may use its discretion with what is and is not a valid reason to vacate a default judgment. 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.
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.
