Divorce is an unfortunate but often necessary resolution to a marriage that is not working out. Understanding all required documents and steps is essential in ensuring a smooth and easy divorce process. If you have questions or concerns regarding the divorce complaint or its purpose, it is important that you seek legal assistance from a skilled professional. Contact Feitlin, Youngman, Karas & Gerson, LLC to set up your free consultation with an experienced Bergen County divorce lawyer today.
What is a Divorce Complaint?
A divorce complaint is the first document required when you want to file for divorce from your spouse. It is a detailed account of all the general information relevant to your request to end the marriage. Important information contained in the document includes the grounds for divorce, as in why the marriage is ending, specific issues to be addressed by the court, like property division and alimony, and other relevant information.
The divorce complaint is filed with the court and then served to the other spouse, along with a summons.
What is the Purpose of a Divorce Complaint in NJ?
The main purpose of a divorce complaint is to initiate the divorce proceedings. This document is a formal request to the court to begin the process and notifies your spouse of your intent to terminate your marriage.
The information provided on the divorce complaint helps the court better understand the situation and how to proceed. It also gives your spouse a fair chance to gain information about why you are filing for divorce and the terms you are requesting from the court.
Once your spouse is served with the complaint and a summons, they have 35 days to file an official response. This time frame allows them the chance to secure legal representation, fully comprehend the document and situation, and consider how they want to proceed.
How Can My Spouse Respond to the Complaint?
It is important to understand that your spouse is legally required to respond to the divorce complaint after being served. If they fail to issue a formal response within the 35-day time frame, they can lose out on their chance to plead their case, and the court may issue a default divorce in your favor.
Your spouse has a couple of options regarding how to respond.
- Outright accept the terms of the divorce without argument
- Contest one or more terms outlined in the complaint
- Counterclaim any separate grounds or claims against you
- Request an appearance with the court to be heard on issues like property division, alimony, child custody, etc.
There is nothing that your spouse can do to stop the divorce from being processed, particularly if you file for a no-fault divorce. Instead, they can respond in one of the above ways to ensure they have an opportunity for a fair outcome.
For more information and legal advice, reach out to a skilled family law attorney today.
