What if your spouse does not respond to a Complaint for Divorce?

Many clients are concerned that their spouse will hold up the divorce by refusing to respond to the divorce Complaint. Fortunately, there is a procedure available to address this issue. Specifically, when one spouse fails to respond to a properly served divorce Complaint a Default Hearing can be scheduled by the Court.

At a Default Hearing you will have an opportunity to present testimony and evidence and your spouse will have an extremely limited opportunity to participate.

While the court will not treat the Defendant's absence as consent to your proposals, the Defendant's failure to appear is a factor that will be considered. An Ocean County trial court in Clementi v. Clementi clarified that the court is still required to analyze the statutory factors. For example, a Plaintiff must show by a preponderance of the evidence (more likely than not) that their proposal for a division of the assets and debts of the marriage is fair and equitable. Proposals involving assets of significant value, such as the marital home, will be scrutinized. For this reason it is important to craft a proposal will maximize the relief granted to you but which will still be approved by the court.

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