As you can imagine, divorce is a complicated process that can often bring out the worst in people. Many may feel hurt, humiliated, or betrayed when their spouse files for divorce. One way that someone who feels slighted may “get back” at their spouse who filed is to ignore the divorce. If this reflects your circumstances, understanding how to proceed when your spouse won’t respond to the divorce petition is critical. Though you may believe you can’t get divorced, rest assured, working with a Somerset County divorce attorney can help you navigate an uncooperative spouse.
How Long Does the Respondent Have to Answer a Divorce Petition?
When you file for divorce in New Jersey, as the person initiating the dissolution of your marriage, you will be the petitioner, and your spouse will be the respondent. When you file the divorce petition, you must serve the respondent with the official papers. This informs them of your decision to file, the grounds on which you are filing, and any requests you have regarding custody, alimony, and property division.
Typically, when the respondent receives the papers, they will have 35 days to file a response to your petition through the courts.
What Happens if They Do Not Meet the Deadline?
For many couples, trying to get through a divorce as quickly as possible is the goal. However, when one spouse refuses to cooperate in the hopes of deterring their spouse or making things more difficult, it can be incredibly frustrating. You may worry that you cannot proceed with the divorce if your spouse fails to respond.
If your spouse has missed the 35-day deadline to answer the divorce petition, there is no need to worry. Though this is frustrating and will elongate the process, this will not halt or cancel the proceedings. Instead, you can request a default divorce within 60 days of filing if your spouse did not respond to the petition by the deadline. You’ll need to submit a Notice of Equitable Distribution to your spouse, which essentially addresses all issues covered in your divorce.
You may have to file an Affidavit of Non-Military Service to prove that your spouse is not an active member of the United States Armed Forces, as there are different rules for serving spouses who do not respond to divorce petitions.
If your spouse is non-military, and you request a default divorce, this will essentially allow you to obtain a judgment on the matter without ever hearing from your spouse. In many instances, the judge will award you the terms and conditions you have requested in the petition, so long as they believe the terms are fair for you and your spouse.
As you can see, this is a complex matter that can be incredibly frustrating, as you may experience a lot of uncertainty. However, the team at Siragusa Law Firm is here to help. Connect with our team today to learn how we can assist you through these matters.
