If a party files for a divorce and the other party does not answer the complaint or appear in the case within 35 days, they will be in default and default may be entered against them by the Court. In that instance, the other party may go forward without them and potentially name their own terms for a divorce that may include alimony, child custody, child support and equitable distribution. However, in this instance, it is incumbent upon the party filing the complaint to serve the other party with a Notice of Proposed Judgment at least 20 days in advance of the default hearing date. If you are seeking a default divorce, call Green & Associates at 732-390-0480 or 201-242-1119 in our East Brunswick or Fort Lee offices, where our experienced NJ divorce lawyer and NJ divorce attorney can speak with in a free consultation. We offer flat fees for specific services associated with a default divorce.
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Filing as a Pro Se Litigant with a Divorce Center vs. When You May Need the Advice of an Attorney for Reasonable Fees
Filing as a Pro Se Litigant with a Divorce Center vs. When You May Need the Advice of an Attorney. There are now many divorce centers where parties for a nominal fee are given a packet of materials for them to use to file their divorce, usually, these centers advertise without the court filing fee included as the cost of the divorce. Generally, there is no legal advice being offered as the divorce centers do not have attorneys and may not give legal advice. Generally, this leaves a party wishing to file a divorce without any legal advice as to the issues of divorce such as child custody, child support, alimony or spousal support and equitable distribution of assets such as a marital residence, personal assets, retirement accounts, pensions etc.
Landing in Default in a Divorce, What You Need to Avoid if the Terms of a Notice of Proposed Judgment of Divorce are Against You
I have had many clients choose to play passive aggressive when it comes to a divorce, only to find that they are in default and the other party can name their own terms as to child support, child custody, alimony, equitable distribution of real estate and distribution of retirement accounts. If you are served with a complaint for divorce it is important that you answer or put in an appearance or you will be in default within 35 days of being served and the other party may go forward without you. At that point, prior to the divorce going through, it will be necessary for you to vacate default of the divorce complaint and object to any terms that may have been served upon you in a Notice of Proposed Judgment of Divorce.
In certain instances, a party wishes to divorce another when the whereabouts of the other party are in question. Generally, in that instance, the Plaintiff must file their complaint for divorce and attempt to serve the other party at their last known address, if unsuccessful, the Plaintiff may request that the Court allow substituted service by publishing in a local newspaper, this is done by filing a motion with the Court. If you have such a situation, please call Green & Associates in our East Brunswick office at 732-390-0480 or in our Fort Lee office at 201-242-1119 for a free consultation. Night and weekend appointments are available.
Uncontested Divorce or Default Divorce are generally divorces where the parties are amicable and agree upon the terms of their divorce. At Green & Associates, whether you are near our East Brunswick divorce office in Middlesex County or our Fort Lee divorce office in Bergen County, we can help you obtain an amicable uncontested divorce where you will pay less money and be divorced in less time. Call us now at 732-390-0480 or 201-242-1119.
If someone wishes to obtain a divorce, generally, the divorce itself will be granted. It is the terms of a divorce that may be contested by a party. Where the parties generally know what terms they wish to have or the estates are not too complicated, an uncontested divorce or a default divorce may be just what they are looking for as a way to save time and money in the divorce process. Divorce mediation may not be necessary when the terms are basically agreed upon.
A divorce may be categorized as uncontested or contested. An uncontested divorce is essentially a divorce where the parties have agreed upon the terms of their divorce, that may occur early on in the process or later in the process after the case has litigated as a contested matter for some time. If you can agree upon your terms of divorce early on, an uncontested divorce may be put through with the court within three to four months of the filing of the complaint. If only one party is pursuing the divorce and the other party is not putting in an appearance or answer, then the case may proceed as a default divorce. If you have an uncontested divorce where you have agreed upon terms, our office may offer you a flat fee for specific services necessary to put through the divorce, call Green & Associates at 732-390-0480 in our East Brunswick office or at 201-242-1119 in our Fort Lee office for a free consultation. Night appointments are available.
A Notice of Proposed Judgment of Divorce may be used in those situations where there is a default divorce and the party filing wishes to have the terms of child custody, child support, alimony and equitable distribution determined by an Order of the Court where the other party will not be signing a Property Settlement Agreement. A default divorce is where one party files the complaint for divorce and the other party does not file an appearance or answer in the case within the 35 day period following service of the complaint for divorce. If the other party is not cooperating in any manner, a Notice of Proposed Judgment of Divorce with all the terms of the divorce may be served and ultimately entered by the Court . Call Green & Associates at 732-390-0480 in our East Brunswick office or at 201-242-1119 in our Fort Lee office for a consultation regarding your divorce now! Night and weekend appointments are available.
Notice of Proposed Judgment - As an Alternative to a Property Settlement Agreement - The Process of a Default Divorce
A Notice of Proposed Judgment of Divorce is a necessary part of the process in a default divorce where the other party is not signing a property or matrimonial settlement agreement and there are issues of child custody, child support, alimony or spousal support and equitable distribution that must be dealt with as part of the divorce. A Notice of Proposed Judgment is form of the Final Judgment of Divorce that gives the other party notice of the terms of divorce that the plaintiff is seeking at the final hearing for divorce in the final judgment of divorce. If you are considering a default divorce, call us now at 732-390-0480 in our East Brunswick office or 201-242-1119 in our Fort Lee office to schedule your free consultation. Night and weekend appointments are available.
When a Defendant Cannot Be Served Directly in a Divorce - Default Divorces and Notices of Publication as an Alternative Process for Serving a Complaint
In those cases where a defendant is no longer at their last known address and cannot be served directly because their new whereabouts are unknown, the Court may allow service of a divorce complaint via publication notice. These are generally divorce cases where the parties have not been in touch for a long time. The defendant in the divorce cannot then be served the divorce complaint via personal service through a process server or acknowledgment of service, which is otherwise required by the Court Rules.
A motion is made to the court requesting publication notice after due diligence to find the defendant has been made.
If you have questions regarding a default divorce via publication, please call our office to speak to Mr. Green, as an experienced divorce attorney and family law attorney, with a free consultation at 732-390-0480 or 201-242-1119. Night and weekend appointments are available.