Filing for divorce is always a process fraught with emotions and many considerations, but it can be easier if both you and your spouse agree that it’s the right move. What happens, however, if you want to file but your spouse has hopes of working things out?
It can be a complicated situation to determine how to handle when a spouse has shared his or her desire and interest to file a divorce petition in New Jersey even if you do not wish to. Perhaps your best efforts to reconcile have failed or you are facing other challenges in the marriage. Regardless of the situation, you must realize that you cannot stop the other spouse from seeking a divorce if that spouse satisfies the court that they have a valid ground. The best way to handle this is by hiring an experienced New Jersey divorce attorney. Hiring an attorney to assist you with this situation is strongly recommended because your lawyer can provide you with further information about proper service.
All that your spouse needs to do in order to initiate a divorce proceeding is show that you were served all of the correct paperwork required by the court. Your spouse can even send you papers in the mail that might include a waive of your right to be served personally. You should never sign any documents until you’ve had the opportunity to talk directly with a New Jersey divorce attorney. You have a maximum of 35 days to respond to the divorce complaint filed by your spouse once you have been properly served. If you fail to respond, your spouse can still get a divorce.
He or she may tell the court that you defaulted or failed to respond and request that the divorce move forward anyways. So as soon as you get the papers you need to schedule an appointment with an experienced divorce attorney immediately to get a better perspective on what is required in your individual case and how you need to proceed with protecting your own interests.