What to Do When Your Spouse Unexpectedly Files for Divorce

Discovering that your spouse filed for divorce can be devastating and make you feel like you have been betrayed. Some people see the divorce coming, and some are surprised by it. Either way, it is normal to feel unsure when encountering this life-altering event. Take some time to come to terms with the situation, then focus on taking action to help protect your own future. A divorce attorney can make the process more manageable and help you defend yourself and your rights to what you are entitled to under the law.

Review the Complaint for Divorce

Every divorce case in New Jersey is initiated by the filing of a Complaint for Divorce by either spouse. After you have received the Complaints, it is crucial to take the time to look over them in great detail. The Complaint will tell you what your spouse is requesting in the divorce in general terms, which can include child custody, spousal support, and a division of assets. Residents of New Jersey have only 35 days to respond to the Complaint. Thus, you should not delay consulting with an attorney to respond to the Complaint in a timely fashion. A failure to respond can result in the Court proceeding with the case without any input from you, which works heavily against your own interests.

Detail Your Finances

Divorce can substantially alter the financial situation of both spouses. It is important to get bank statements, tax documents, paystubs, mortgage or lease documents, and any investment-related documents, including for retirement accounts. New Jersey abides by equitable distribution laws, meaning marital property and debts are divided fairly, and not necessarily equally. Getting a thorough understanding of your financial situation may make negotiating settlements easier down the line.

Considerations Regarding Children

If children are a part of the equation in your divorce, decisions must be made regarding the custody of your children. New Jersey prioritizes the best interests of the child and favors joint custody arrangements. The parenting plan should include custody, visitation, and address major decision making for the children. If you and your spouse are unable to come to an agreement on custody, the Court will make the decision for you based on the best interests of your children.

Consider Using a Mediator to Reach a Settlement

Most couples manage to reach an agreement to settle their divorce case instead of having the Court make the decisions for them after a trial. The agreements are often facilitated with the assistance of a mediator. Mediation is where a third party is employed to help both spouses reach agreements without court intervention, usually saving time and money in the long run. Having an experienced attorney who is with you to help you reach your goals can make navigating the divorce process much easier, including guiding you during mediation and negotiating on your behalf.

Protect Yourself In a Divorce

If you find yourself in a situation where your spouse has filed for divorce, there is help available. Using an attorney to help secure your legal rights, defend yourself and your financial future, and protect your children can make the divorce proceedings much more manageable. At Moskowitz Law Group, LLC, we have experienced attorneys who can help you move forward in your divorce with confidence and reassurance. Reach out today to explore your options.