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August 24, 2010
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I Don't Want a Divorce, How To Deal With An Unwanted Divorce

The decision for divorce is not always mutual. Although New Jersey allows one party to make the decision to divorce even if this goes against the wishes of the other party, you may be able to convince your spouse to reconsider. If you are faced with a divorce complaint here are some steps you can take to slow down the divorce.

When you receive the divorce complaint, the first thing you need to do is hire an attorney. Don't expect that you can retain the services of the attorney you and your spouse have jointly used in the past. This would present a conflict of interest. Tell your chosen attorney that you do not want a divorce. Your attorney can then help you decide on a plan of action.

In New Jersey, you generally have 35 days from the date of service to respond to the Complaint for Divorce. You'll want you attorney to help you figure out the "date of service." If you do not respond within 35 days, you will be defaulted and will have no standing to contest the divorce unless the default is vacated. "You simply can't afford to bury your head in the sand even if you do not want a divorce" said Karen Meislik, a New Jersey divorce attorney.

Basically, if you are faced with a divorce against your wishes, don't ignore the problem. Ignoring the Complaint for Divorce (or any legal papers, for that matter) will only complicate matters, make the whole process more costly, and will not stop the divorce. Ms. Meislik says that she is frequently called at the last minute or even later by men or women who have been served with legal papers, and the delay never has made things easier or more comfortable for the caller. The bottom line is that is you are served with a Complaint for Divorce, you need the help of an experienced family law attorney even if you don't want to get divorced, and you need it sooner rather than later.

Contact our Manhattan Divorce Lawyer now.

 
Did You Know?    
 
 
An annulment is a court ruling that a supposed marriage was never valid.
One of the most common grounds for annulment is fraud. For example, one person may have not disclosed to the other a prior divorce, a criminal record, or an unwillingness to have sexual intercourse. An annulment also may be granted may if one of the parties to the "marriage” was still married to someone else at the time of the marriage that is at issue. Other bases for annulments include marriage of an underage person, marriage to too close a blood relative, and marriage by a person under duress as the time of marriage.

 


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News about Divorce cases in Manhattan and nationwide:

Half Of First Marriages May End In Divorce
Nearly 9-in-10 people are expected to marry sometime in their lives, but about half of first marriages may end in divorce, according to a report re...
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Divorce Process Made Easier For New Yorkers Without Attorneys
NEW YORK - With the Unified Court System’s new Uncontested Divorce Packet, New Yorkers seeking an uncontested divorce without the assistance of an ...
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Financial Records in Divorce Cases Remain Open
Financial Records in Divorce Cases Remain Open

May 24, 2006 - A day after the California Supreme Court declined to hear a ...

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Divorce Terms

 


Today's Terms

Divorce agreement

Definition:
A divorce agreement spells out the terms of the divorce and the relationship between the two spouses after the divorce. These agreements usually cover property division, child custody and child plans, debt division, spousal support, and any other relevant issues related to the divorce.

Age of Majority

Definition:
Attained upon one's eighteenth birthday. However, a child support order will remain in effect beyond attainment of eighteen as long as the child continuously attends an accredited high school on a full time basis, the child is determined to be mentally or physically disabled by the court, or both parents have agreed to continue support after the age of 18 and it is incorporated in a divorce decree.

Contested Divorce

Definition:
A divorce where the parties are unable or unwilling to come to a mutual agreement.

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Divorce Resources

 


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Divorce Hot Topics

 
Topics Related to Divorce:

  • Limited Divorce
  • Absolute Divorce
  • No-Fault Divorce
  • Child Custody
  • Child Support

More Divorce Topics >

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