{"id":1923,"date":"2015-12-21T09:10:14","date_gmt":"2015-12-21T14:10:14","guid":{"rendered":"https:\/\/thedurstfirm.com\/?p=1923"},"modified":"2015-12-14T10:16:02","modified_gmt":"2015-12-14T15:16:02","slug":"i-was-served-with-a-complaint-for-divorce-now-what","status":"publish","type":"post","link":"https:\/\/thedurstfirm.com\/?p=1923","title":{"rendered":"I was served with a Complaint for Divorce: now what?"},"content":{"rendered":"

The range of emotions someone experiences when served with a Complaint for Divorce are varied. Some are shocked. many are angered. \u00a0Confusion is common and I’ve even had some clients confess they were relieved. \u00a0Regardless of your emotional response, a legal response is necessary.
\nDon’t ignore the Complaint and hope it goes away<\/b><\/p>\n

If you were served directly, you probably signed for the paperwork. \u00a0The date you signed for the Complaint is of critical importance. \u00a0The clock is now running. \u00a0Under the New Jersey Rules of Court, you have 35 days in which to prepare and file your response to the Complaint. \u00a0Typically, that response takes the form of an Answer or an Answer and Counter Claim. \u00a0You can prepare these documents on your own or you an hire an attorney.<\/p>\n

We generally have a tendencey to ignore bad news and hope it goes away. \u00a0While certainly understanable, such an approach can lead to disaterous consequences in your divorce. \u00a0And here’s how.
\nBeing held in default<\/b><\/p>\n

If the parrt who filed the Complaint can establish that you were properly served with the Complaint, are not on active duty with the military AND the thirty five day period for you to respond to the complaint has expired, he or she can request the court to find you in default.
\nWhat does it mean to be held in default?<\/b><\/p>\n

The system works best when both parties are involved in the process. \u00a0However, the filing party also has a \u00a0right to obtain a divorce. \u00a0Being held in default removes your right to particiapte in the proceedings. \u00a0You may not get a say in how your divorce is finalized. \u00a0You cannot prevent a divorce from happening by failing to respond in a timely manner. \u00a0You are only hurting yourself. \u00a0The court rules prescribe a detailed procedure the plaintiff must follow in order to proceed on a default basis. \u00a0But if these requirements our met, the case will be concluded and your rights and finances will be greatly impacted. As the old saying goes, he or she who hesitates is lost.
\nWhat can i do to prevent a default from taking place?<\/b><\/p>\n

As discussed above, the first, and best, way to avoid being held in default is to properly respond to the Complaint within 35 days of receiving it.<\/p>\n

If you have not complied with the initial 35 day filing deadline, you must act quickly to preserve your rights. \u00a0An attorney can be helpful in this regard. \u00a0Steps to take include: requesting additioanl time to answer, filing a objection to the reqeust to enter default, and\/or appearing at any scheduled court dates to \u00a0note your objection and reqeust permission to participate in the divorce process.
\nThe Durst Firm can help<\/b><\/p>\n

If you find yourself in default, consider consulting with an experienced divorce attoreny immediatley as time is of the essence. \u00a0The Durst Firm has the expeience to deal with these situations. \u00a0Don’t let inaction impact your future.<\/p>\n

 <\/p>\n

\"The<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

The range of emotions someone experiences when served with a Complaint for Divorce are varied. Some are shocked. many are angered. \u00a0Confusion is common and I’ve even had some clients confess they were relieved. \u00a0Regardless of your emotional response, a … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2},"_wpas_customize_per_network":false},"categories":[27],"tags":[120,118,119,29,32,121,47,66],"class_list":["post-1923","post","type-post","status-publish","format-standard","hentry","category-durst-on-divorce","tag-attorney","tag-complaint","tag-default","tag-divorce","tag-durst","tag-lawyer","tag-nj","tag-nj-default"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack_shortlink":"https:\/\/wp.me\/p6omM8-v1","jetpack_likes_enabled":true,"jetpack-related-posts":[{"id":2551,"url":"https:\/\/thedurstfirm.com\/?p=2551","url_meta":{"origin":1923,"position":0},"title":"Ignoring your divorce won’t make it go away","author":"Sandy Durst","date":"March 30, 2017","format":false,"excerpt":"Dealing with a divorce can be difficult and it is understandable that individuals may feel overwhelmed.\u00a0 This feeling of being overwhelmed results in some people choosing to ignore the process. Whether this is done due to feelings of denial, frustration, or simply being unable to cope, ignoring the proceedings can\u2026","rel":"","context":"In "Durst Firm News"","block_context":{"text":"Durst Firm News","link":"https:\/\/thedurstfirm.com\/?cat=28"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/thedurstfirm.com\/wp-content\/uploads\/2012\/06\/divorce.jpg?resize=350%2C200&ssl=1","width":350,"height":200},"classes":[]},{"id":1354,"url":"https:\/\/thedurstfirm.com\/?p=1354","url_meta":{"origin":1923,"position":1},"title":"My spouse wants a divorce but I don’t!","author":"Sandy Durst","date":"April 21, 2015","format":false,"excerpt":"I frequently meet with people who have had a divorce \"forced\" upon them.\u00a0 They are not the party initiating the divorce proceedings and may not even want a divorce or see the need for a divorce.\u00a0 Virtually all of them ask me if there is anything that can be done\u2026","rel":"","context":"In "Durst Firm News"","block_context":{"text":"Durst Firm News","link":"https:\/\/thedurstfirm.com\/?cat=28"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":3047,"url":"https:\/\/thedurstfirm.com\/?p=3047","url_meta":{"origin":1923,"position":2},"title":"What is an “uncontested” divorce?","author":"Sandy Durst","date":"November 15, 2025","format":false,"excerpt":"What Is an Uncontested Divorce in New Jersey? Divorce can be emotionally taxing and financially draining\u2014but not every divorce has to be a drawn-out courtroom battle. In New Jersey, many couples resolve their marriage dissolution through an uncontested divorce, a more amicable and efficient alternative to traditional litigation. Here\u2019s what\u2026","rel":"","context":"In "Durst Firm News"","block_context":{"text":"Durst Firm News","link":"https:\/\/thedurstfirm.com\/?cat=28"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":1155,"url":"https:\/\/thedurstfirm.com\/?p=1155","url_meta":{"origin":1923,"position":3},"title":"Cross Examination by defaulting party allowed at divorce hearing.","author":"Sandy Durst","date":"August 24, 2013","format":false,"excerpt":"If you want a divorce in NJ it is not necessary for the other party to sign the divorce papers, agree with the decision to obtain a divorce or even participate in the proceedings.\u00a0 There are situations when one party simply refuses to engage in the process.\u00a0 NJ law provides\u2026","rel":"","context":"In "Durst Firm News"","block_context":{"text":"Durst Firm News","link":"https:\/\/thedurstfirm.com\/?cat=28"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":724,"url":"https:\/\/thedurstfirm.com\/?p=724","url_meta":{"origin":1923,"position":4},"title":"THE DIVORCE PROCESS","author":"Sandy Durst","date":"May 28, 2012","format":false,"excerpt":"By Partner T. Sandberg Durst Sandy Durst, Esq., is a partner with the Princeton firm of Lynch, Osborne, Gilmore & Durst, and LLC where he heads the Family Law Department.\u00a0 \u00a0Individuals facing a divorce benefit from the combination of legal skill, common sense and compassion that Sandy brings to each\u2026","rel":"","context":"In "Durst on Divorce"","block_context":{"text":"Durst on Divorce","link":"https:\/\/thedurstfirm.com\/?cat=27"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/thedurstfirm.com\/wp-content\/uploads\/2012\/05\/divorce550.jpg?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/thedurstfirm.com\/wp-content\/uploads\/2012\/05\/divorce550.jpg?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/thedurstfirm.com\/wp-content\/uploads\/2012\/05\/divorce550.jpg?resize=525%2C300&ssl=1 1.5x"},"classes":[]},{"id":2610,"url":"https:\/\/thedurstfirm.com\/?p=2610","url_meta":{"origin":1923,"position":5},"title":"How long does it take to get divorced in NJ?","author":"Sandy Durst","date":"January 25, 2018","format":false,"excerpt":"A question virtually all of my client's ask is \"how long will it take to get divorced?\"\u00a0 And my answer is usually \"it depends\".\u00a0 While the court system is instructed to do everything possible to resolve the case within one year of the filing of a Complaint for Divorce, some\u2026","rel":"","context":"In "Durst Firm News"","block_context":{"text":"Durst Firm News","link":"https:\/\/thedurstfirm.com\/?cat=28"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/thedurstfirm.com\/wp-content\/uploads\/2012\/06\/divorce.jpg?resize=350%2C200&ssl=1","width":350,"height":200},"classes":[]}],"_links":{"self":[{"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/posts\/1923","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1923"}],"version-history":[{"count":3,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/posts\/1923\/revisions"}],"predecessor-version":[{"id":1964,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/posts\/1923\/revisions\/1964"}],"wp:attachment":[{"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1923"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1923"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1923"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}