Initiating a divorce in New Jersey requires a thorough understanding of your legal responsibilities, facilitating a more efficient and less stressful experience. To commence legal proceedings, you must carefully prepare and submit a document known as a complaint or petition for divorce. To learn more about this legal document and your legal rights during these difficult times, please continue reading and consider consulting our experienced Monmouth County Divorce & Separation Attorneys today.
What is the Purpose of a Divorce Complaint?
First and foremost, it’s important to understand that a divorce complaint, or Complaint for Divorce, is a legal document that is used to initiate a divorce case. The party who files this document is known as the plaintiff, while the recipient is referred to as the defendant.
When the plaintiff files the official complaint, they are formally petitioning the court to dissolve their marriage. This legal document serves as the fundamental pleading, outlining the grounds for the divorce and the relief being the plaintiff is seeking from the court, such as the division of property, child custody arrangements, and spousal support. The contents of this document can vary significantly depending on the particular circumstances of your marriage.
How Long Does the Defendant Have to Respond?
After the divorce complaint has been filed, the defendant must be served, providing them notice of the divorce action and granting them the opportunity to respond. Once served, a defendant has 35 days to respond to the Summons and Divorce Complaint. Failure to respond within this time frame can result in the court granting the divorce and ordering in favor of the plaintiff. Generally, defendants have three options in how they can respond to the court:
- Submit an answer: The defendant can respond to, or contest, what the plaintiff has stipulated in the Complaint.
- Submit an answer and counterclaim: The defendant can file a response to the Complaint and also stipulate any separate grounds for divorce or claims they want to make against the plaintiff.
- Submit an appearance: The defendant can avoid contesting what the plaintiff has stipulated in the Complaint, but request to be heard on divorce issues like property division, spousal support, child custody, and other related matters.
You should note that when a defendant fails to respond to a divorce complaint, the court can grant a default judgment. This means that the court will order things based on the plaintiff’s request, as the defendant waives their right to contest the divorce.
As you can see, it’s crucial to understand your rights and responsibilities while dissolving your marriage to ensure you are protected throughout the process and avoid common pitfalls that cause unnecessary delays. For more information and skilled representation, please don’t hesitate to contact an attorney from Paone Zaleski & Murphy today.
