Legal Question in Family Law in New Jersey
Can I counterfile for divorce after time for response is over
Hello,
My spouse filed for divorce in later November.I considered counterfiling for divorce during the reponse period, but thought it did not make a difference. I gave a detailed response to my attny, but on the last day of submission she gave it to me for signature and told I did not need to include a detailed response, and the response simply stated I wanted to be heard by the court. However, I did not feel easy since it felt as though I was admitting guilt to the charges filed. I went to court for ESP and observed that people who reached settlement were asked if they admitted to the charges, and they answered yes, and the divorce was granted. The case management document accordingly shows that I am not contesting the charges. However, I feel this will always be a mark on me, and I want to deny the charges in writing or counterfile for divorce. Is it too late? My ESP is delayed by a month. I know that in the practical sense it does not make a difference, but to me it does. I do not want to be pushed by my attny to admit to something untrue for sake of convenience of the judiciary.
4 Answers from Attorneys
Re: Can I counterfile for divorce after time for response is over
Hi,
I have seen the other responses. I understand your frustration, but if your spouse's claim for divorce is extreme cruelty, then it really doesn't matter if you contest and even have a trial contesting the matter. All your spouse has to prove is that they believed the allegations were true, it doesn't matter if you can prove some or all of them are not true, but in the mind of your spouse they believed them to be true, and that it is unreasonable for you to contined to be married.
However, I definately agree with the other attorneys that you should have confidence in your divorce attorney, and they should have explained it to you. If you want to assert your own cause of action you would need to immediately file, which might include filing a motion if they will not consent.
Please call my office if you would like to schedule an appointment. My contact information can be obtained from the links below. Let my secretary know you found me through LawGuru, and I will give you a free initial consultation.
Disclaimer: you can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.
Good luck,
Re: Can I counterfile for divorce after time for response is over
I think you are saying that you want to contest the complaint filed against you and to file your own counterclaim for divorce. I believe that the solution is to get your husband to amend his comoplaint so that it is based on something more truthful which is a basis for divorce.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: Can I counterfile for divorce after time for response is over
If you trust your attorney, listen to your attorney. If not, get another attorney.
YOu should ask for a divorce from your spouse. This is called a 'counterclaim' for divorce.
Re: Can I counterfile for divorce after time for response is over
I live and practice in Ocean County and would be more than happy to help you. As the other counsel stated, you need to have the complaint amended. More importantly, I suggest getting an attorney that you can trust. I've seen "some" family law attorneys that do not put the client's interest first and they go through the divorce without know what is going on. I'm worried that this may be your situation. My consultations are always free. Please call me at 732/247/3340 and we will discuss your case, the issues, and how you feel you are being treated. I'll give you my opinion as to what your options are and my suggestions for getting what you want without paying an arm and a leg.
Good luck!
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