Receiving a summons and complaint in a divorce matter can be an unsettling experience. It is important to understand that this is a formal legal proceeding that requires a timely and appropriate response. Failing to act quickly may significantly impact your rights and the outcome of your case.
Consult With a Certified Matrimonial Attorney
Upon being served, your first step should be to schedule a consultation with a certified matrimonial attorney. In New Jersey, the Rules of Court provide a specific timeframe within which you must respond to the complaint. Your attorney can help you prepare:
- An Answer – your official response to the allegations in the complaint
- A Counterclaim – any claims you wish to bring against your spouse within the same proceeding
If no response is filed, the court may enter a default judgment against you. This would allow the divorce to proceed without your participation, potential resulting in unfavorable rulings on critical issues.
Understand Your Rights and Responsibilities
An experienced attorney will also explain the full scope of your rights and obligations, including:
- Spousal Support – determining whether you may be entitled to, or required to provide, financial support
- Child Support – your responsibilities and rights with respect to supporting minor children
- Equitable Distribution – the division of marital property, assets, and debts
- Financial Exposure – assessing whether your spouse could incur additional debts (e.g., credit card balances or withdrawals from a home equity line) that may affect marital assets
The Importance of Acting Promptly
Ignoring a summons and complaint is never advisable. Timely legal guidance ensures that your rights are preserved, your obligations are clearly defined, and you are fully informed throughout the process. With proper representation, you can approach the matter with confidence and safeguard your financial and personal interests.
At Townsend, Tomaio & Newmark, LLC, our seasoned divorce and family law attorneys ensure that through the process of resolving your family matter, you feel empowered, not overwhelmed. Providing unwavering support, undivided attention, and unflinching advocacy, our team invests in your cause, working tirelessly to pave your path toward a brighter tomorrow.
