Legal Question in Family Law in New Jersey
do I have to respond to a divorce summons?
my wife filed for divorce, I was served by the local sheriff, the papers say I need to respond within 30 days, she says that her lawyer said I can ignore that and it will be entered in as ''no fault'' and we will negotiate the terms after the 30 days ... I say that I have to respond ... who is right?
2 Answers from Attorneys
Re: do I have to respond to a divorce summons?
If you do not respond to the summons, you will "Default" on the case. If you and your wife have not already agreed to a property settlement, custody, child support and/or alimony, it would be Unwise to "Default," and thereby have the case decided without your participation. Also, it is Unwise to rely on legal advice from your wife, or the attorney who is paid to prtect her (and only her) interests.
Re: do I have to respond to a divorce summons?
You need the protection of a lawyer. After the 30 days, she is in a better position to negotiate terms that may or may not be acceptable to you; if you did not agree, the lawyer that you would retain at that point would need to spend your time and money to vacate the default to get you back to where you should have been if he/she had entered an appearance for you at the beginning. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you may want to contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. If you call me, [856-546-8010] mention Law Guru and your first one hour consultation will be free. Good luck! Rob Gleaner