Flemington, NJ asked in Child Custody and Divorce for New Jersey

Q: i had to vacate the default in my divorce. how do I move forward now? i need to add to my Answer which was already filed

At the hearing for my motion to vacate the default, none of my concerns with the plaintiff were addressed as I was unaware of my ability to respond to his accusations in writing prior to court. They vacated the default and I am able to now Answer but the court had required me to file my answer before the Default hearing and it lacks a lot of information with regard to parenting time and custody. I need to add to it. Is this possible ?

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2 Lawyer Answers
Leonard R. Boyer
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Answered
  • Divorce Lawyer
  • Clifton, NJ
  • Licensed in New Jersey

A: This is far from a do-it-yourself project. A Default can be vacated, but you must retain an experienced matrimonial attorney to handle this for you, otherwise you are going to have worse problems, than you can possibly imagine. They tell even attorneys, that if you try to represent yourself, you have a fool for a client. You have to remember, that you are emotionally involved in this case, which will compromise your thinking and Judgment. To properly answer your questions and address your concerns, the best way to handle this is by retaining an experienced matrimonial attorney. You need the best attorney you can afford, do not let geographic considerations be a factor in your choice of an attorney. Pick the best lawyer you can find and remember one rule: a good lawyer is generally never cheap, and a cheap lawyer is generally never good so don't choose based on price.

Bari Weinberger
Bari Weinberger
Answered
  • Divorce Lawyer
  • Parsippany, NJ
  • Licensed in New Jersey

A: Thank you for your question.

If you have not yet filed the Answer be sure to include everything you are looking to be awarded as part of that. If you need to amend what you filed, you may need to file a motion to change and/or update what was filed. Based on your circumstances, it would be best to contact an experienced family law attorney to address your specific concerns and ensure you understand your rights.

I hope this information was helpful to you.

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