Receiving a divorce complaint can be devastating, but the riskiest thing you can do is ignore it. If you fail to respond at all, the court will enter a default judgement against you, and will likely enter an order that is much more favorable to the petitioner. There are many factors to consider when responding to a complaint for divorce, and it can be overwhelming, but an experienced attorney can provide you with guidance.
Filing a Response to a Divorce Petition
The complaint, often called a divorce petition, is a legal document that sets forth the grounds for divorce and relief sought by the filing party. Once the complaint is served, the other spouse has 35 days to file a response, known as an “answer,” and any counterclaims. The answer responds to allegations in the petitioner’s complaint, and counterclaims allow the respondent to bring related actions against the petitioner and set forth their supporting allegations. Thirty-five days is a relatively short amount of time, so it is critical to consult with an attorney to ensure no deadlines are missed and your interests are protected.
On the other hand, if you and your spouse have already come to an agreement on the terms of your divorce, you can file an uncontested agreement, wherein you agree to the terms in the original complaint. Before filing this document, consult an experienced divorce attorney to make sure the agreement clearly addresses all necessary issues.
Counterclaims
A counterclaim goes further than disputing the claims made in the complaint by asserting a separate cause of action. It could assert a fault ground for divorce, or make a claim based on some type of wrongdoing by the petitioner.
If there has been no response to the complaint, and a default has been entered, the Plaintiff must file and serve a Notice of Proposed Final Judgement no later than 20 days before the scheduled court date. This Notice must include information showing the proposed distribution of assets and debts, alimony, child support, and parenting schedule, if applicable. The Case Information Statement, filed after the complaint, must also be attached.
Consult a Knowledgeable New Jersey Divorce Lawyer
If you have been served with a divorce complaint, consult a skilled New Brunswick family law attorney at the Law Office of Steven M. Cytryn, LLC to get the advice you need when responding. Call us at (732) 214-1103 or contact us online today.
