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. 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.
What Happens if My Spouse Doesn’t Respond to the Divorce Papers?
When contemplating the dissolution of marriage, it’s necessary to determine what type of divorce will be filed. In New Jersey, one of two types of divorces can be filed: no-fault or fault-based. In a no-fault divorce, neither party blames the other for the demise of the union. A fault-based divorce, on the other hand, requires proof that the other spouse is the cause for the failure of the marriage. Once you have decided which divorce route is best for your situation, the next step is to fill out the appropriate paperwork. When a divorce petition has been filed, the divorce will be set in motion.
Upon filing the divorce petition, the other spouse must be formally served with the divorce papers by a qualified process server. This serves as an official notice that divorce proceedings have been initiated. After the receiving spouse has been served, they are expected to provide the court with a response within a specific time dictated by state law. Failure to respond to the petition within the stipulated timeframe will result in the court assuming that the spouse agrees to the terms outlined in the petition. The petition will generally include terms such as property divisions, spousal support, child custody, child support, and any other demands made by the petitioner. Therefore, if a spouse fails to respond to the divorce papers, the petitioner can seek a default judgment.
What is a Default Divorce?
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. If the judge believes the terms to be fair, they will issue a divorce order solely based on what the petitioning spouse has proved in court.
As you can see, navigating a divorce 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. Connect with our trusted legal team today.