Within 10 days of receiving the filed complaint back from the court, the plaintiff must serve the defendant with the complaint and a summons and then file proof of service with the court. The defendant has 35 days to file an appearance or an answer.
Read the complaint and decide what to do. Read the complaint. You may agree with some, all, or none of the complaint. Write down next to each paragraph in the complaint whether you agree or disagree with what that paragraph says. If you agree with everything your spouse is asking for, you may not need to file anything.
If you have been served with a Summons and Divorce Complaint, you are the defendant. The person who filed the divorce is the plaintiff. You have 35 days to respond to the Summons and Divorce Complaint. If you do not respond to the court at all, the court may grant the divorce and order in favor of the Plaintiff.
Information Included in a Divorce Complaint in NJ A divorce complaint is entitled “Complaint” and includes the New Jersey county in which the complaint is filed, as well as the plaintiff's full information and that of the defendant.
Definition. A verified complaint is a sworn document in which the plaintiff tells the court the facts of the case and states what relief is sought.
A divorce or legal separation case begins when the plaintiff the party who starts the court case files a formal complaint at the courthouse. The defendant, the other party, may answer within 28 days. If an answer is filed, the case is contested.
If no settlement between the parties is achieved at the case management conference, the case then proceeds to the discovery phase of the marriage dissolution proceedings. Discovery is when both parties exchange information and documents related to the case, usually following a court order.
File a motion for default judgment. If you are unable to reach an agreement with your spouse, you can file a motion for default judgment with the court. This will ask the court to enter a default judgment against your spouse without hearing from them. Hire a local attorney.
New Jersey divorce decrees are available through the Superior Court of New Jersey Records Center. For more information on obtaining a certified copy of a divorce decree, call the Records Center at: 609-421-6100 or you can also visit their website.