If your spouse decides to file for divorce, they have to serve you with the divorce papers. This is often known as a divorce petition, and it is called a “Summons and Divorce Complaint” in New Jersey. But no matter what it’s called, this is the paperwork that you’re given informing you that your spouse intends to get a divorce. You have to respond to this complaint and file the paperwork properly so the divorce can move forward.
In New Jersey, you have 35 days to do this. It’s different in every state. If you recently moved from California, for example, California would only give you 30 days, so you have slightly longer in New Jersey. But it’s very important to understand the local requirements, as you need to meet the deadline.
What if you miss the deadline?
If you miss the deadline, it delays your divorce. Your spouse does have to give you the entire 35 days. They can’t move forward with the court case until that deadline has passed.
But it still won’t stop the divorce. Your spouse can get divorced without you. All they have to do is ask the court for a default divorce on the grounds that you did not respond.
This is why it’s not wise to ignore the divorce papers. Say that you don’t want to get divorced and so you just throw away the Summons and Divorce Complaint. This does make it take longer, and it means that you won’t be involved in things like property division or child custody decisions. But your spouse can still get the divorce, even without your cooperation.
Your legal options
To avoid these types of complications or mistakes, be sure that you are well aware of all of your legal options and the steps you need to take during a divorce.