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Being served divorce papers can have significant legal impacts. It is important to respond to divorce papers promptly to protect your rights, understand your responsibilities, and protect your finances. It is also vital to have an attorney from the beginning of the divorce process to the end; don’t go through this overwhelming and complex process alone.
The experienced divorce attorneys at Rosenblum Law are here to guide you on your next steps after being served with divorce papers by representing you throughout the divorce process. This article explains how to respond to divorce papers and the role of an attorney in this process.
Initial Steps to Take When Served with Divorce Papers
When served with divorce papers, remain calm and take the following steps:
- Read the documents thoroughly, as they will provide important details, such as the grounds for divorce and the proposed divorce settlement. There may also be information regarding temporary child custody and residential living arrangements. Make note of deadlines and court dates listed in the papers, as it is important to attend all hearings to protect one’s rights and finances.
- Take thorough notes and/or record conversations (with the other party’s permission) to document everything that is said during service of the divorce papers.
- Consult with an experienced attorney as soon as possible to ensure a proper response to the divorce papers. This will also ensure the recipient understands the next steps they should take in the divorce process.
Understanding the Divorce Papers
The divorce papers will contain a Summons and Complaint, a Case Information Statement, and temporary orders or motions for residential living arrangements and child custody and support. The Summons and Complaint will provide court dates and deadlines, the grounds for divorce, a proposed division of marital property and debts, and proposed child custody and support if there are children from the marriage.
It is important to review the Case Information Statement for errors. This statement provides details of the parties involved, including birth dates and Social Security numbers for both spouses and all children from the marriage. It also details each party’s income, which is used to determine support amounts for child support and alimony. If any of this information is incorrect, it needs to be addressed promptly in the response to the Summons and Complaint.
There may also be additional papers for temporary orders or motions. These usually address temporary disposition of the marital home and temporary child custody and support. Review these temporary motions and orders carefully, because they must be complied with unless and until they are successfully disputed in court.
The Legal Implications of Being Served
Being the defendant in divorce proceedings does not impact division of property or debts, as this is settled by the court under principles of equitable distribution regardless of who filed the divorce or the divorce grounds. However, grounds for divorce can affect the judge’s decision on matters of child custody, child support, and spousal support, or alimony.
There are several grounds for divorce outlined in Section 2A:34-2 of the New Jersey Civil Code. Fault-based grounds involve placing blame on the other party, while no-fault grounds do not place blame, but instead are based on irreconcilable differences. Grounds for a fault-based divorce include:
- Adultery
- Willful and continued desertion of 12 months or longer
- Extreme mental or physical cruelty
- Addiction to narcotic drugs or alcohol
- Institutionalization for mental illness lasting 24 months or longer
- Imprisonment of the defendant for 18 months or longer
- Deviant sexual conduct
These grounds for divorce could affect child custody and other matters, but they do not affect financial decisions such as property division. Grounds for divorce can be contested in the answer and counterclaim.
Being served divorce papers can have legal impacts on property, finances, and children. For example, temporary orders may:
- Require someone to leave the marital home
- Impact custody arrangements and parenting time
- Require child support payments
- Prohibit one spouse from contacting the other directly
Responding to the Divorce Papers
It is important to respond to divorce papers within the required timeframe. There are four steps in responding to divorce papers.
File an answer to the complaint
The answer to the complaint must be filed within 35 days of being served with the divorce papers. The answer states that the defendant is contesting what is in the complaint. If the defendant agrees with everything in it, they can file an appearance. Filing an appearance means that they are not contesting the complaint, but instead want to be heard on matters of child custody, support, and property division.
File a counterclaim if desired
A counterclaim is usually filed with the answer and asserts claims against the plaintiff. This can include contesting the grounds for divorce, providing alternative grounds, contesting child support and custody, etc.
Seek temporary relief or orders if necessary
An attorney can file a motion to seek temporary relief or other orders, if necessary. For example, if the divorce papers included a temporary order for child custody, a client with their attorney can file a motion to have it modified. The defendant might also request access to the marital home even if the divorce papers include a temporary order to leave the residence.
Prepare for mediation
Mediation is a structured negotiation with a neutral third party, the mediator, to help the parties come to agreement out of court, which saves time and money. It is often ordered by the court when there are disagreements regarding temporary arrangements for custody, support, and other key issues.
Preparing for the Divorce Process
Once the recipient has responded to the divorce papers, it is important to prepare for the divorce process appropriately. To do that:
Gather financial documents and evidence
If the grounds or terms of the divorce are disputed or a counterclaim is filed, evidence backing these claims will be necessary. In addition, gather all financial documents and information about assets and debts, because accurate accounting is important for equitable distribution.
Understand and organize marital assets and debts
Marital assets and debts are those that were acquired during the marriage, but there are some exceptions. For example, anything given as a gift to one spouse stays with that spouse. An attorney can help identify marital assets and debts subject to equitable distribution. Organize assets and debts by importance, match debts with property, and identify which assets are most important to keep.
Evaluate child custody and support
Joint legal custody with one parent having residential custody is the most common and favorable outcome in divorce proceedings. The non-residential parent is given parenting time with the children. When evaluating child custody, it is important to keep in mind the best interests of the children, because this is the standard by which the courts will determine custody.
Child support in New Jersey is calculated by adding the income of both spouses and determining a percentage that each spouse must contribute. This is why the Case Information Statement is important, because it must accurately describe the income of both spouses so that these calculations can be made.
Prepare for mediation and settlement discussions
Mediation and settlement discussions can be emotionally charged, and the best way to stay calm and reasonable during negotiations is to be prepared. Know each parties’ desires and goals, have compromises in mind, and talk to an attorney to determine expectations and strategies.
How an Attorney Can Help When You Are Served Divorce Papers
It is important to contact an attorney immediately upon being served with divorce papers. Among other things, the attorney will:
- Provide an initial consultation to review the divorce papers and explain the rights of the person who was served
- Prepare and file a response within the required timeframe to protect those rights
- Develop a strategy for negotiation or litigation based on the facts of the case
- Provide guidance on complying with court orders and legal procedures
- Represent their client during all court proceedings and mediation sessions
FAQs
The first thing you should do after being served divorce papers is to review the papers carefully and then contact an attorney. You technically can represent yourself in divorce proceedings, but if it is a contested divorce, it is important to have an attorney to protect your rights.
You have 35 days to file an answer, counterclaim, or appearance from the day you have been served with the divorce papers. It is important to act quickly and not miss any deadlines.
Yes, you can contest the grounds for divorce cited by your spouse in the counterclaim.
If you do not respond to the divorce papers within 35 days, you will forfeit your right to have input on the divorce terms. This means the judge will likely give your spouse everything they are asking for without your input.
In addition to helping you answer divorce papers, a lawyer can help identify marital assets and debts, gather evidence to support your claims, and represent you in negotiations and in court.
An uncontested divorce is one in which the spouses agree on all issues and there is nothing to be negotiated or litigated. A contested divorce is one in which there are disagreements. For example, the parties can agree on the grounds for divorce but contest property and asset division, child custody, and/or child support.
Often the person filing for divorce will request a temporary order to remain in the marital home while the other spouse must leave. If your divorce papers contained such an order, you will need to immediately find other living arrangements. Your finances could also be immediately impacted if there is a temporary order for child support or alimony.
If the grounds for divorce include allegations of abuse or misconduct such as adultery or extreme cruelty, you can refute these allegations in a counterclaim and name your own grounds for divorce. You can then present evidence in court to make your case. Abuse or misconduct accusations are offered as a reason to deny access to children, and your attorney can gather evidence and make arguments on your behalf.
All divorce proceedings end in a hearing, but it is possible to settle the divorce out of court. Mediation and negotiation sessions can help spouses decide on the details of the divorce in a calm and reasonable manner. This is the best option because it prevents costly litigation fees and the divorce from dragging on for a year or more. If the spouses can come to an agreement, a hearing will still be held to finalize the divorce.
Contact Rosenblum Law Today
With just 35 days to file an answer and counterclaim, it is important to take immediate and informed action after being served divorce papers. Review the papers carefully before contacting an attorney so that you know exactly what questions to ask during the initial consultation. Rosenblum Law divorce attorneys will also review the papers for you and identify any areas of concern.
Rosenblum Law divorce attorneys have decades of experience answering divorce papers and representing clients throughout the divorce process. Never go into a divorce or respond to divorce papers without the guidance and input of an attorney. Contact us today to schedule a free consultation.
Last updated: Oct 14, 2024
