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Category Archives: Prenuptial Agreements

What is Considered a Default Divorce?

Chester NJ Divorce LawyersContrary to popular belief, not all divorce proceedings are long and painful. It is actually quite common for divorcing spouses to come to amicable terms of a settlement agreement and get through their divorce with minimal interference. In some cases, this may result in what is known as a default divorce. While not all amicable divorces are ultimately default divorces, it is one viable option for divorcing couples who wish to quickly and legally finalize their divorce in New Jersey. Today, our default divorce attorneys will be defining default divorce, describing the default divorce process, and identifying when default divorce may or may not be the best option for you and your family.

Chester, NJ Divorce Lawyers Define Default Divorce in New Jersey

It is important to understand that the legal divorce process may begin when one party files for divorce, but the practical process can begin well before that step has been taken. Many divorcing couples choose to come to a divorce settlement agreement before filing for divorce. When possible, this is a great way to iron out issues including alimonyequitable distribution of marital assetschild supportchild custody, and much more on your own time. It may even be possible to use alternative conflict resolution methods such as mediation during this period.

If a settlement agreement is successfully reached, there is nothing left to resolve during the “formal” legal process. Therefore a divorce may move forward as a default divorce. Default divorces refer to divorce proceedings where the defendant is not challenging any of the terms of the initial divorce filing. Default divorces often include a single court appearance or may even go through without a court appearance at all. The exact procedure will depend on the county in which you are filing for divorce. Speak to your Chester divorce lawyer to understand how default divorce works in your town.

What does the Default Divorce Process Look like in Morris County?

The default divorce process is an expedited version of standard divorce proceedings in New Jersey which may skip steps such as child support hearings, early settlement panels, and so forth. Your Morris County default divorce attorney will likely guide you through a timeline that looks something like this:

  • A spouse files for divorce
  • The spouse who is served with divorce paperwork (the defendant) does not file a response within the allotted 35 day response period
  • The plaintiff may then petition the courts to be granted a default divorce within 60 days
  • Your default divorce hearing or out of court settlement will be scheduled depending on the nature of your circumstances and the regulations of your local county

If you and your spouse have a signed settlement agreement – a hearing may be scheduled or you may be asked to submit your agreement for judicial review. Assuming your settlement agreement is legal and in good order, your divorce will be granted on the date of the hearing or pursuant to the out of court regulations of your county.

If you and your spouse do not have a signed settlement agreement – your default divorce hearing will involve settling issues such as division of assets. There is a more complex process which requires adequate preparation for your court date. It is not required that both parties attend, but it is recommended. Work with your Morris County attorney to identify the best course of action within your unique situation.

Contact our Morristown Default Divorce Attorneys Today

At Towns, Tomaio & Newmark, our divorce and family law attorneys have extensive experience serving divorcing couples from Morris County towns including Chester, Chatham, Morristown, Mendham, Morris Township, Harding, and all of Northern New Jersey. Our firm is led by three partners, all of whom have been recognized as Certified Matrimonial Law Attorneys by the Supreme Court of New Jersey, a distinction held by just two percent of lawyers in the state. While many other firms practice a wide range of legal disciplines, we practice exclusively divorce and family law to better serve our clients and their families.

To learn more about default divorce in a free and confidential consultation, please contact us online or call our Morristown, NJ offices at (973) 828-0829 today.

What is Rehabilitative Alimony in New Jersey?

For spouses going through a divorce, the issue of alimony and spousal support is common. However, many people do not realize that there are actually five types of alimony agreements pursuant to New Jersey divorce law. In addition to the common limited duration alimony and open duration alimony, there is also reimbursement alimony, temporary alimony during divorce, and rehabilitative alimony.… Continue Reading

Adultery and Divorce in New Jersey

It has been estimated that as many as one (1) in five (5) Americans admit to cheating on their significant others. While this number may come as a shock, unfortunately many individuals have already been impacted by infidelity within their own relationship or marriage. Many of our clients will then ask: when a marriage ends due… Continue Reading

What to Do and What Not to Do During Divorce

Divorce is much more than a legal separation. Divorce is a division of commingled lives, a major shift in family dynamic, and can be extremely stressful. It is therefore understandable that many individuals make mistakes during the divorce process which they may come to regret. Not only can missteps impact your personal relationships, but they may also… Continue Reading

The National Economy and Divorce

It may come as no surprise, but divorce can be a costly endeavor. Since 2000, data collected by the U.S. Census Bureau has shown a dramatic correlation between the health of the national economy and the national divorce rate. Researchers have many theories as to why these two go hand in hand, but it primarily boils down to economic… Continue Reading

When Can my Alimony Agreement be Terminated?

After a divorce, many former spouses enter into some form of alimony agreement. Alimony is determined based on a litany of factors, but has no hard and fast rules which govern set amounts. Similarly, how and when to terminate alimony agreements is a legal grey area, with a number of considerations coming into play. Today, our divorce and… Continue Reading

Fox News Host to Divorce After Workplace Affair

Fox News host Jesse Watters has been served divorce papers after entering into an adulterous relationship with a co-worker. Noelle Watters, Jesse’s wife, filed for divorce this past October after learning about the extramarital affair. Jesse Watters is a regular on Fox News on his own show Watters’ World and as a guest on The Spin Stops Here Tour 2017 alongside… Continue Reading

Cohabitation; Post-Divorce Modifications and Agreements

Increasingly, adults are choosing to enter into “marital-style” relationships while remaining legally unmarried. This kind of relationship is referred to legally as “cohabitation”, and cohabitation can have a number of implications to existing divorce agreements such as alimony and child support. These implications come in the form of post-divorce modifications, specifically in the way that… Continue Reading

The Benefits of Having a Prenuptial Agreement

Prenuptial agreements often carry a somewhat negative connotation amongst newlyweds or couples soon to be married. Many of these people believe that by signing a prenuptial agreement, or even discussing one, you are saying you believe your marriage will eventually fail and result in a divorce. The truth of the matter however, is that prenuptial agreements… Continue Reading

Divorce, Domestic Violence, and a Looming Legal Battle: The Johnny Depp v. Amber Heard Case Study

Another Hollywood marriage went up in flames recently, as Amber Heard filed for divorce from Johnny Depp after a 15-month marriage. The initial divorce filing was quickly followed by a shocking revelation, as Heard obtained a temporary restraining order against Depp, alleging an ongoing pattern of abuse and a recent incident involving a cell phone. As… Continue Reading

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