Divorce involves difficult emotions, but it is ultimately a legal process that involves many financial implications. Receiving divorce papers starts a time limit for you to have a chance to be heard regarding the case. If you sign divorce papers, this can affect your legal rights, as can ignoring them altogether. Here is what you need to know about signing and not signing divorce papers.
What Are Divorce Papers?
Divorce papers are papers a person files with the appropriate court asking it to legally terminate a marriage. In New Jersey, the following papers are generally required with a divorce petition:
Complaint For Divorce
The complaint for divorce sets out your spouse’s desire to be divorced, establishes that the court has proper jurisdiction over the case, that residency requirements have been met, and the relief your spouse is requesting. A common way to file for divorce in New Jersey is based on irreconcilable differences. To make this filing, you must meet the following requirements:
- You or your spouse has lived in New Jersey consecutively for at least twelve months before the divorce complaint was filed.
- You or your spouse experienced irreconcilable differences for at least six months.
- The irreconcilable differences are a reason that your marriage should be resolved.
- The filer is certain there is no way to reconcile.
Your spouse can also file for divorce based on separation if you have been living apart for at least eighteen months.
If you do not qualify for these grounds, your spouse may allege fault-based grounds, such as extreme cruelty, desertion, adultery, institutionalization, or extended incarceration.
Summons
The summons notifies you that a legal case has been filed against you and states your deadline for responding.
Other Documents
Other documents New Jersey courts typically require for divorce filings include:
- Certification Verification and Non-Collusion
- Certification of No Pending Proceedings
- Certification of Insurance Coverage
- Certification of Self-Represented Litigant and Dispute Resolution Alternatives (if applicable)
- Certification Regarding Redaction of Personal Identifiers
Your spouse is responsible for paying the filing fee when filing a divorce unless they receive a fee waiver.
Spouses may ask each other to sign various other documents related to the divorce, such as a waiver to be formally served with the divorce complaint or a settlement agreement. You should consult a divorce lawyer before signing anything, as your signature can profoundly impact your case.
Responding To Divorce Papers
Your spouse is responsible for having you legally served within 30 days of filing the divorce case. You might mistakenly believe that if you don’t sign anything, the court won’t take any action in the case, but this is wrong. The court has no interest in keeping your spouse married if they don’t want to be and can proceed with the case without your cooperation or involvement.
You must provide a response to the divorce court within 35 days of service, or you can forfeit your right to be involved in the process. Furthermore, the court can order a default judgment in which they give your spouse everything they asked for. Divorce complaints may be one-sided in hopes that the other spouse won’t respond and the petitioning spouse will get everything they requested, which might include:
- Possession of the marital home
- A large division of marital property
- Full custody of the children
- The maximum amount of child support and spousal support
By filing a proper response, you can ensure that you are involved in the process and the court considers your position. Even if your case is uncontested, responding to divorce papers and not ignoring them can help you position yourself to negotiate a settlement that is fair to both of you.
Contact an Experienced Monmouth County Divorce Attorney at The Law Office of Jennifer J. McCaskill, LLC for Legal Advice
If you were recently served with divorce papers, you have limited time to act. Contact a knowledgeable divorce and family lawyer today from The Law Office of Jennifer J. McCaskill, LLC, to discuss your situation during a confidential consultation.
To learn more and get the help you deserve, call our divorce & family law firm in Red Bank. NJ at (732) 747-1882 or contact us online today.
You can also visit our law firm at 157 Broad St #111, Red Bank, NJ 07701.
