If you have been served divorce papers, generally, a summons and complaint for divorce, you have 35 days to answer or you will be in default and the other party may go forward without you and name their own terms for the divorce. So, it is important that you answer the complaint prior to going into default. After you answer, you are in the case and may go about the business of trying to settle on terms in a marital agreement or matrimonial agreement or property settlement agreement. Your agreement will contain all the terms of your divorce, including terms for child custody, child support, alimony, and equitable distribution of property. If you have been served, call us now for a free consultation, weekends and nights are available..
Green & Associates, LLC Blog
There are times where a party may not know where the other party is located, they only have their last known address and they are not able to serve them at that location. In such an instance, a motion for publication may be filed with the court and substituted service may be accomplished where a notice of the divorce is published in a newspaper in the location where the other party last resided. In these instances, service upon completion by publication may be accomplished to satisfy the court, and the divorce may proceed without the other party being directly served. The court may also wish to have affidavits of due diligence and other inquiries made of the post office, the military, family members etc.