Questions About Divorce Trials
If you are seeking divorce from your spouse, you are probably wondering if you will need to go to court. Our experienced Jersey City divorce lawyers are well-practiced in mediating divorce settlements and are trial-ready, if need be. Here are some frequently asked questions about divorce trials that you may find helpful. Contact our office for a free case review.
Questions About Divorce Trials | How Do I Respond to Divorce Papers?
In New Jersey, if you’ve been served with a summons of complaint for divorce, you should consult a family law attorney immediately. You only have 35 days to respond to the complaint – that means filing an answer and a counter claim. You cannot delay to protect your rights, including control over your assets and custody of your children. If your spouse has filed a complaint, that means he or she has already consulted with an attorney about the particulars of your shared lifestyle and finances, considered strategy and drafted a set of demands. You shouldn’t wait to get an experienced attorney on your side, too. Seek that counsel, and let your attorney handle the official response.
Questions About Divorce Trials | Will I Need to Take My Case to Trial?
Most divorce cases in New Jersey never make it to a trial. If the parties come to an agreement, one party can waive his or her right to an appearance, avoiding the need to go to court. Some New Jersey counties allow settlement without either party appearing in court. If there is a “default” case, when one party doesn’t answer the other party’s complaint, the filing party would have to make a very brief appearance in court to enter facts into the record before the judge comes to a decision.
Questions About Divorce Trials | Can I Appeal the Results of My Trial?
In New Jersey, you have 45 days to appeal the verdict of a case. If you appeal, the Appellate Court will take on your case. The Appellate Court may “vacate,” or make legally void, the judge’s decision in your case. If you do not file an appeal within the 45-day window, the Martial Separation Agreement (MSA) spelling out the terms of your divorce will be final and cannot be overturned. You can revise an MSA and negotiate new terms, but that requires the cooperation of your former spouse.
If you have any more questions about divorce trials, please contact our experienced Jersey City divorce lawyers today to schedule a free consultation. Contact us online or call us today at (201) 479-9780.