A divorce complaint is filed and served on the other spouse. Service is usually accomplished by a process server. Proof of service is filed with the court. If the defendant does not get an attorney and doesn’t answer, what happens? Can you still get a divorce? Yes. The defendant has the opportunity to file an answer to the divorce complaint within 35 days. If he does not, he is in default. You can still get a divorce if the other party defaults
A request to enter default and Notice of Proposed Final Judgment will be filed. The matter will be scheduled for a proof hearing. In the interim, your attorney will work with you to gather the information needed for the divorce such as support and equitable distribution, custody, all of the issues concerning the dissolution of the marriage.
The proof hearing will require giving detailed testimony with evidence before the court as to your proposed resolution of all of the issues. Income information of both parties, identification, and valuation of assets such as the house, cars, pensions, debts will be given to the court. A custody plan will be introduced, and any special problems will be put into the record. Provisions concerning alimony, child support, health insurance, life insurance will be reviewed. The court has the discretion to make changes to ensure equity.
Once you have provided the necessary testimony and evidence, the court will grant the divorce and will order relief as to the issues addressed in the proof hearing.
Tanya N. Helfand, Esq. concentrates in Family Law, she is a Certified Matrimonial Attorney and mediator. The firm welcomes your questions and inquiries at [email protected] Everything is confidential. This article is not legal advice. Please consult an attorney.