You are here:

Divorce Issues/being served divorce papers

Advertisement

Expert: Equality in Marriage Institute - 9/20/2005


Question
my wife and i have been separated for 3 years and have a written notorized mutual separation agreement. (Not filed in court) Can i be served with papers, and just ignore them, and not show up to court?  It is mutual, and uncontested, and i just dont want to go.  Is that legally allowed in NJ?
thanks

Answer
Dear Joe,

As I am not a lawyer I cannot say for sure that not responding to being served with divorce papers is illegal.  Can suggest that you speak to a lawyer in New Jersey who handles separations and divorce. Just because you are separated and have created a separation agreement doesn't mean you are legally divorce. In order to be legally divorced a judge has to sign your divorce decree.

Here are a couple of sites you may want to check out for more info on separation in New Jersey: http://www.divorcelawinfo.com/NJ/njdivexpln.htm#22
http://www.njdivorceonline.com/njpages/MaritalProperty/msafaq.asp
http://www.njsbf.org/njsbf/publications/guide.cfm#divorce

I hope this is of some help.

Divorce Issues

All Answers

Answers by Expert:

Ask Experts

Volunteer

Equality in Marriage Institute

Expertise

As a non profit organization commited to assisting and supporting men and women through their divorce transition, we will answer any questions -from how to get yourself on your feet after being served with divorce papers, questions to ask your lawyer, how to appeal or modify your judgement and the different ways to end your marriage to how to empower and care for yourself, the benefits of joining a support group and how to manage your divorce process. Please note that we are not lawyers, financial advisors or therapists. The information given is intended to provide you with direction towards resources, websites, and answers that can help you through your transition.

Experience

We have experience answering hundreds of questions from both men and women who are going through the divorce process.

©2012 About.com, a part of The New York Times Company. All rights reserved.