Default Judgement – NJ Divorce
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Default Judgement – NJ Divorce
What recourse do I have in a divorce when when spouse purposely witholds documents I need to sign and return? Her actions has caused me a default judgement.
Asked on June 2, 2009 under Family Law, New Jersey
Answers:
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
I'm not entirely sure what's going on here -- but if your ex-wife has gotten a default judgment of divorce, on terms that aren't fair to you, by purposely withholding documents from you, you need to see a local divorce lawyer, as soon as possible. One place to find attorneys is our website, http://attorneypages.com and you should also have the summons from her divorce, that would have been served on you a few months back, that would have the contact information for your county's legal aid office and lawyer referral service.
If the default judgment isn't fair, and especially if it was obtained underhandedly, the New Jersey courts can re-open the case. One reason that will be considered, that should help you some (but not enough all by itself, often), is that you didn't have a lawyer -- and that reason tends to be more helpful if it's being made by your "present counsel." But they won't even look at it if you don't file the necessary papers, and the longer you wait, the harder it is to get that relief.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.