How Do I Respond After Being Served Divorce Papers?

Even if you expected this day to come eventually, it is still not a great feeling when your spouse serves you with divorce papers. You may feel somewhat helpless and as though your spouse has gained all control over the case at hand. But you must understand that you have the right to defend yourself in this matter, and you must exercise these rights to the best of your ability. With that being said, please read on to discover how to respond to the court after being served with divorce papers and how one of the seasoned Somerset divorce lawyers at the Law Offices of Kisha M. Hebbon, LLC can help with your approach.

What does being served divorce papers look like?

If your spouse is initiating a divorce, they must first submit a Divorce Complaint with the New Jersey Superior Court in their county. Then, they may serve you with a copy of this Divorce Complaint, along with a Summons and Notice of Initial Hearing.

With this, you must expect someone else besides your spouse to serve you with these divorce papers, whether this individual is a neutral family member or friend, a county sheriff, an agent of their divorce lawyer, or otherwise. Then, you must understand that you may be approached unexpectedly with these papers at your place of residence, place of work, or somewhere else. Otherwise, you may receive these papers via certified mail on a random day. At any rate, these are ways for your spouse to commence your divorce proceedings legally.

How do I respond to the court after being served with divorce papers?

Of note, there are three different ways in which you may respond to the court after your spouse serves you with divorce papers, and they read as follows:

• You may file an answer with the court: this means you respond and contest what your spouse has stated in the Divorce Complaint.
• You may file an answer and counterclaim with the court: this means you respond and state separate grounds for divorce against your spouse (i.e., adultery, domestic violence, neglect, etc).
• You may file an appearance with the court: this means you do not contest what your spouse has stated in the Divorce Complaint but still wish to be heard on your divorce-related issues (i.e., alimony, child custody, child support, property division, etc).

No matter how you choose to respond to the court, you must do so within 35 days of being served with divorce papers. Otherwise, the court may rule in your spouse’s favor by default.

So whenever you are ready, please get a hold of one of the competent Somerset County family lawyers. Someone at the Law Offices of Kisha M. Hebbon, LLC will be patiently awaiting your phone call.