New Jersey courts want both parties during divorce proceedings to have their voice heard to reach a fair settlement. However, they also prioritize judicial expediency, so if one spouse fails to respond to the divorce petition, they will allow the other party to proceed with the dissolution of the marriage. It’s important to understand what happens in the event your spouse fails to respond, and the court pursues a default judgment. Please continue reading to learn what happens if your spouse fails to answer the divorce papers and why it’s in your best interest to contact our dedicated Monmouth County & Separation Attorneys for these matters.
How Does the New Jersey Divorce Process Begin?
In New Jersey, a divorce case officially begins when one spouse files a Complaint for Divorce with the Superior Court, Family Division, in the county where they reside. For those filing in Red Bank, Freehold, or Long Beach, this would be the Monmouth County Superior Court, while filers in Woodbridge, Edison, or Perth Amboy would file in the Middlesex County Superior Court. Filing formally establishes the case, assigns a number, and triggers procedural requirements that must be adhered to.
What Must Be Included in the Complaint for Divorce?
- The legal grounds on which you are filing for divorce
- The date and location of your marriage
- Confirmation that you meet the residency requirements in New Jersey
- Information about your minor children, if applicable
- Requests for equitable distribution of marital property
- Requests for spousal support
- Requests for child support and custody
- Any other requests from the court
Why Is Proper Service Critical in a Monmouth County Divorce?
Once the divorce papers are filed with the court, the filer, referred to as the plaintiff, must serve their spouse, the respondent, with the Summons and Complaint. The case cannot continue until proper service is fulfilled. Most commonly, a sheriff or authorized process server can handle this process on your behalf.
What Proper Service Requires
- Personal delivery of the Summons and Complaint
- Service fulfilled by an authorized individual
- Proof of service filed appropriately with the Court where the divorce is proceeding
- Compliance with New Jersey Court Rule 4:4
How Long Does a Spouse Have to Respond to a Divorce Petition in New Jersey?
After the receiving spouse has been properly served, they are expected to provide the court with a response within a specific time dictated by state law, which is generally 35 days from the date on which they were served. Failure to respond to the petition within the stipulated timeframe allows the plaintiff to request a default judgment.
What Counts as a Proper Response?
- Filing a formal Answer contesting the claims
- Filing an Appearance (participation without challenging the grounds for divorce)
- Filing a Counterclaim
- Submitting the required filing fees
What Happens if My Spouse Doesn’t Respond to the Divorce Papers?
If your spouse does not file an Answer or Appearance within the 35-day timeframe, you can request that the court proceed by entering default. However, it’s critical to understand that this does not mean you automatically win the case and receive everything requested.
It’s also important to understand that the burden of proving entitlement for the relief sought in the initial divorce petition is fair, even when the other spouse fails to respond or participate in the divorce.
Default Divorce Process in New Jersey
- File a Request to Enter Default with the Court where your case is proceeding
- Submit a proposed Final Judgment
- Provide the required Case Information Statement (CIS)
- Present full financial documentation
- Attend default hearings as required
- Testify, if required, regarding the grounds and the relief sought
What Is a Default Divorce in New Jersey?
In a default divorce, the judge will only consider the petitioning spouse’s arguments. The judge will reach a verdict without the respondent’s input. Without an answer to the petition, the court will assume that the respondent doesn’t contest the terms. The petitioning spouse will appear in court to provide evidence regarding what has been stipulated in the divorce petition. It’s important to note that the court will not automatically approve all requested terms, as the judge assigned to the case must review:
- Whether asset division is fair under the state’s equitable distribution method
- Alimony aligns with statutory requirements
- Child custody is in the best interest of the child
- Child support adheres to guidelines
Can My Spouse Prevent the Divorce By Refusing to Sign the Papers?
In the event your spouse refuses to sign the divorce papers, whether out of hope of reconciliation or spite, it’s important to understand that one spouse’s refusal to cooperate will not stop the process. The court has the authority to continue the divorce process and ultimately dissolve the marriage so long as the legal requirements are met. This is true even when:
- A spouse intentionally avoids service
- A spouse refuses to submit a response
- A spouse repeatedly attempts to delay court proceedings
Contact an Experienced New Jersey Divorce Attorney Today
As you can see, navigating a divorce in Monmouth County can be difficult, especially if your spouse refuses to respond to the divorce papers. Proceedings with divorce when a spouse fails to answer require the help of an experienced attorney from Paone Zaleski & Murphy, who can protect your interests and fight for a favorable outcome. Contact our trusted legal team today.
