Legal Question in Family Law in New Jersey
judgement of default
A friend of mine is going through this.....husband was served with divorce papers, sheriffs office hand delivered him papers, he did not respond in the 35 days that he was given.
they have been seperated for 4 1/2 years...
now a default of judgement was entered to the courts......he said he is waiting for the court date to show up just to prolong the divorce cause he wants to make her life miserable, and will do everything he can so she cant get remarried and be happy......
can he still show up and fight this divorce, even if he did nothing in the 35 days that he had to contest this?
If so then why was he given 35 days from the beginning?
And why was a default filed if he can still show up and fight?
My friend thinks he cant do anything because the default was filed and she will be getting the final divorce papers soon from her lawyer...
I think he can. they have nothing to fight over no property assests etc.....she said she will fight for more child support etc if he does this, but she just wants a divorce to start over.
thank you J.C.
2 Answers from Attorneys
Re: judgement of default
He can drag it out for a little while, but ultimately, the divorce would go through. Procedurally, if he shows up on the date of the divorce, without an attorney, it is likely that the Judge will ask him what he wants and what he believes still needs to be accomplished prior to the divorce being finalized. Depending on how he responds, the Judge could deny him the right to open the default. It really depends on what he says at the hearing and what the Judge thinks is fair.
Keep in mind that this advice is given based on the little bit of information that you have
provided in your question. My advice may change based on other information. Further, no one
can rely on advice from an attorney who has not been retained. You cannot rely on this advice
because we have not personally met and you have not retained me as an attorney. If you have not
already done so, you should immediately meet with a Family Law attorney for a full consultation
before you take any further steps. You may feel free to call me to discuss this matter in more
detail. If you do so, mention Law Guru and your first one hour of time will be free. Good luck!
Rob Gleaner
Re: judgement of default
He "could", I've done it before with other clients, but it is not easy. She should just rely on the advice of her lawyer.
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