Often, parties talk about being tired of the other spouses bad acts, talk about getting a divorce, when a spouse is served, he or she often had no idea that their spouse’s talk had turned into action filing a divorce complaint.
Sometimes, spouses attempt to avoid being served. They refuse to answer the door; they claim to be someone else when they realize that a licenced process server or a Sheriff’s Officer is about to serve them papers. Sometimes, they are rude to server. It doesn’t serve a your interests to avoid service, or being rude to the process server. The best approach to being served, is to simply and politely accept the papers from whomever is serving them because the New Jersey courts hold that the date the complaint was filed is the date ending the marriage. Accept the papers and go from there.
Because of the emotion, recipients of a divorce complaint often make costly mistakes. While most experienced divorce lawyers in New Jersey allege irreconcilable differences, there are still a few who want to make hurtful allegations that serve no purpose except to throw the reader into turmoil. For this reason, there is no benefit to you reading the allegations, unless you’re looking to be upset. Regardless of the allegations, at the end of the day, they will have little or no impact on the outcome of your case. Therefore, you should not spend time reading the complaint before you speak with an attorney.
Spouses make a second big mistake after having been “served.” They quickly run and hire the first lawyer who is willing to meet with them. You should read the Summons which is attached to the Complaint. The Summons advises that you have thirty-five days to respond to the Complaint. Spend twenty days looking for an experienced divorce lawyer, who practices regularly in the county where the case is filed. Running out and hiring the first lawyer you see will negatively impact you. Take your time, meet with several lawyers, and only then, decide on the lawyer that you feel will best represent you in your case.
While being served is scary, DO NOT be driven by panic and run into a lawyer’s arms. Take your time with the selection process of retaining an attorney as this decision can affect what happens in your case. Give me, Cassandra T. Savoy, a call at (973) 869-5444 to schedule a consultation.