Q: In NJ when filing a uncontested divorce do you have to wait 35 days or more after papers are served if you both agree?
A: The opposing party has 35 days to file a responsive document. Once he or she files an Answer, Counterclaim, or just an Appearance the matter will move forward. You should always consult an experienced family law attorney. There are other documents that need to be filed, even if you both agree. This is not the time to take the chance that you might not do it correctly.
Brian Winters agrees with this answer
A:
Thank you for your question.
Once a party is served with the Complaint for Divorce, they have to either respond to the Complaint within 35 days or the person that filed has to place them in default before the matter can proceed to an uncontested hearing. Therefore, you do not have to wait the 35 days if the other party responds by filing and answer or appearance. If you do not do either, then the Complaint can be dismissed for lack of prosecution, even if you are both in agreement.
I understand that you need answers and need to protect yourself. I strongly suggest that you schedule a consultation with a family law attorney who has experience in uncontested matters, so that you can understand the implications for you.
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