Understandably, it may be difficult for both you and your spouse to come to terms with the fact that your marriage is over. But this does not mean it is fair for your spouse to ignore you when you serve them with divorce papers. This is because, by doing so, they may unnecessarily drag out and complicate this already draining process. Rest assured, there is a way to respond to this nonresponse. Continue reading to learn what happens if your spouse does not respond to your divorce papers and how one of the experienced Somerset divorce lawyers at the Law Offices of Kisha M. Hebbon, LLC can help you move this process along accordingly.
As the divorce plaintiff, you may serve your spouse with divorce papers, making them the divorce defendant. Now, the divorce defendant may only have 35 days from the date they received these papers to file their response to them. If they fail to respond within this enforced deadline, you may, in turn, react by petitioning the New Jersey family court for a default divorce.
Essentially, a default divorce is an uncontested divorce in which the New Jersey family court may grant a Judgment of Divorce to you without needing an answer or court appearance from your spouse. Meaning, your spouse may excuse themselves from a matter that directly affects them, whether done intentionally or not.
After your spouse fails to file their response to your divorce papers within 35 days, you may have 60 days to file your petition for a default divorce with the New Jersey family court. Here, you may have to prove to the court that you followed the right procedure for serving your spouse.
You may even have to demonstrate that you attempted alternate service methods to ensure this matter was brought to your spouse’s attention. For example, you may have had to request service by publication by filing an Ex Parte Motion for Publication. Then, you may have had to contact a newspaper local to your spouse’s residence and arrange a publication. Finally, you may have had to obtain and submit an Affidavit of Publication.
In the end, the court may grant the proposed terms in your initial Complaint for Divorce, such as alimony, child support, child custody, and property division. But this may be so long as they deem them fair and just for all involved parties.
If you still have lingering doubts about how to proceed forward, then please consult one of the skilled Somerset County family lawyers. Our team at the Law Offices of Kisha M. Hebbon, LLC will point you in the right direction.