A Divorce Complaint has been filed with the court, what happens now?  If you filed the Complaint, the next step is to have your spouse served with a copy of the filed Divorce Complaint.  Your spouse then has 35 days to respond.  If you are served with a Complaint, the first thing you should do is consult an attorney to discuss your rights.  If you do not respond to the Complaint within 35 days, default may be entered against you. If this happens you will have no standing to contest the issues of the divorce unless the default is vacated. The decision to divorce does not have to be mutual. The State ofNew Jerseyallows one party to make the decision to divorce even if this goes against the wishes of the other party. Therefore, you cannot simply ignore a Divorce Complaint.  Choosing this course of action may seriously impact your rights.

Once the Divorce Complaint is filed, the court has jurisdiction over your matter.  In other words, the court obtains the authority to make temporary decisions about your case.  If necessary, the court can make decisions about alimony, child support and parenting time on a temporary basis while your divorce case is pending.  For example, if your spouse leaves the marital home after a Complaint for Divorce is filed and he or she stops contributing to the marital expenses, you may file an application with the court called a pendente lite motion requesting an order for support.  On the other hand, if you leave the home and your spouse refuses to allow you to have any parenting time with the children, a pendente lite motion may be filed requesting that the court enter an order for parenting time. An order that is entered during a divorce matter is considered a temporary order and may be modified by subsequent court order, agreement between the parties or final order following a trial.

Contact an attorney at Iandoli & Edens, LLC to learn more about the divorce process. Our experienced attorneys are here to help. Call today. 908-879-9499.