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 have significant negative consequences.<\/p>\n
If you fail to respond to the Complaint for Divorce within 35 days of being served, the other party can have you held in default. Simply put, this means that provided the plaintiff follows all the procedural requirements he or she can divorced on their proposed terms without your input or objection.<\/p>\n
The following case summary explains the realities of defaulting in your divorce:<\/p>\n
FAMILY LAW<\/span><\/strong>
\n 20-2-2783 <\/span>Mora v. Mora<\/span><\/span><\/em><\/p>\nFAMILY LAW<\/span><\/strong>
\n 20-2-2783 <\/span>Mora v. Mora<\/span><\/span><\/em>, N.J. Super. App. Div. (per curiam) (9 pp.) Respondent-husband filed a divorce complaint to which appellant-wife failed to answer. Respondent filed a notice of proposed final judgment which included an itemization of the parties\u2019 assets and included a proposed trial date. The trial court conducted a hearing and entered a final judgment of divorce at its conclusion. Appellant was present at the hearing. Appellant subsequently moved to vacate the FJOD allegedly claiming that respondent\u2019s attorney had a conflict of interest, she had not been served with the divorce complaint, and was unaware of the pending divorce. The trial court determined there was no conflict of interest or showing of excusable neglect in failing to answer the complaint or otherwise participate in the litigation and affirmed the FJOD. On appeal, the court affirmed holding the trial court\u2019s denial of appellant\u2019s motion did not constitute an abuse of discretion. The court noted the grounds which appellant asserted to support her motion were unsupported by, and in some instances contrary, to the facts. Additionally, the trial court gave appellant the opportunity to participate in the proof hearing by questioning respondent, but appellant declined to do so. Finally, the court held appellant had not demonstrated the trial court\u2019s decision was inherently unfair or contrary to applicable legal principles. <\/span><\/p>\n, N.J. Super. App. Div. (per curiam) (9 pp.) Respondent-husband filed a divorce complaint to which appellant-wife failed to answer. Respondent filed a notice of proposed final judgment which included an itemization of the parties\u2019 assets and included a proposed trial date. The trial court conducted a hearing and entered a final judgment of divorce at its conclusion. Appellant was present at the hearing. Appellant subsequently moved to vacate the FJOD allegedly claiming that respondent\u2019s attorney had a conflict of interest, she had not been served with the divorce complaint, and was unaware of the pending divorce. The trial court determined there was no conflict of interest or showing of excusable neglect in failing to answer the complaint or otherwise participate in the litigation and affirmed the FJOD. On appeal, the court affirmed holding the trial court\u2019s denial of appellant\u2019s motion did not constitute an abuse of discretion. The court noted the grounds which appellant asserted to support her motion were unsupported by, and in some instances contrary, to the facts. Additionally, the trial court gave appellant the opportunity to participate in the proof hearing by questioning respondent, but appellant declined to do so. Finally, the court held appellant had not demonstrated the trial court\u2019s decision was inherently unfair or contrary to applicable legal principles. <\/span><\/p><\/blockquote>\n <\/p>\n
Hiring an attorney is one method in which you can minimize the chances you will be held in default.\u00a0 There may also be remedial measures that can be taken if default has already been entered.<\/p>\n","protected":false},"excerpt":{"rendered":"
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, … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":776,"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":[28],"tags":[119,29,32,179,180],"class_list":["post-2551","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-durstfirm-news","tag-default","tag-divorce","tag-durst","tag-nj-attorney","tag-super-lawyer"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"https:\/\/thedurstfirm.com\/wp-content\/uploads\/2012\/06\/divorce.jpg","jetpack_sharing_enabled":true,"jetpack_shortlink":"https:\/\/wp.me\/p6omM8-F9","jetpack_likes_enabled":true,"jetpack-related-posts":[{"id":1354,"url":"https:\/\/thedurstfirm.com\/?p=1354","url_meta":{"origin":2551,"position":0},"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":1155,"url":"https:\/\/thedurstfirm.com\/?p=1155","url_meta":{"origin":2551,"position":1},"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":1923,"url":"https:\/\/thedurstfirm.com\/?p=1923","url_meta":{"origin":2551,"position":2},"title":"I was served with a Complaint for Divorce: now what?","author":"Sandy Durst","date":"December 21, 2015","format":false,"excerpt":"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. Don't ignore the Complaint and hope\u2026","rel":"","context":"In "Durst on Divorce"","block_context":{"text":"Durst on Divorce","link":"https:\/\/thedurstfirm.com\/?cat=27"},"img":{"alt_text":"The Law","src":"https:\/\/i0.wp.com\/thedurstfirm.com\/wp-content\/uploads\/2012\/06\/judge_gavel1-300x111.jpg?resize=350%2C200&ssl=1","width":350,"height":200},"classes":[]},{"id":2674,"url":"https:\/\/thedurstfirm.com\/?p=2674","url_meta":{"origin":2551,"position":3},"title":"Extra time on your hands? Re-read your divorce settlement agreement!","author":"Sandy Durst","date":"April 30, 2020","format":false,"excerpt":"When a client walks out of the courthouse after finalizing their divorce, there are generally overwhelmed with a flood of emotions and that is completely understandable. 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