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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.
Permanent and incurable insanity is a ground for divorce.
For insanity to be considered permanently incurable, a person must have been confined in a mental institution, hospital, or other institution for at least three years, and at least two physicians competent in psychiatry must testify that the insanity is permanently incurable.
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Definition:
A non-adversarial process in which a neutral third party acts to encourage and help disputing parties reach a mutually acceptable agreement. May not be a good option when domestic violence is present.
Uncontested Divorce
Definition:
A divorce where both parties are able to make a mutually agreed-upon arrangement.
Custodial parent
Definition:
The parent who has physical custody of the children.
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