It sounds as if you have not filed an Answer or other responsive pleading to your ex's Complaint for Divorce. That would explain why the court is not directly communicating with you, i.e. providing you with notices of scheduled appearances. Your ex's attorney represents your ex and you cannot rely upon that attorney to protect your interest. If you do not know what you are doing you should seriously consider retaining an attorney to protect your interest. In the event you elect not to retain an attorney you should at a minimum file a responsive pleading, i.e. Answer, to your ex's Complaint for Divorce so that you are provided by the court with an opporunity to protect your interests.
Kenneth A. White, Esq.
New Jersey Family Law Attorney
The Answer provided was based on the limited information provided, and represents information based on the law in general, not a legal opinion that can be relied upon. Before a formal legal opinion can be offered I would need an opportunity to review all possible relevant facts and circumstances. You cannot rely on the advice of an attorney given over the internet. The exact facts of your sitaution, including facts which you have not mentioned in your question, may completely change the opinion that is being offered. Please be aware that the above comments are neither protected by attorney-client privilege, nor may the same be the basis for a malpractice lawsuit.
Alternatively, you can file what is called a Notice of Appearance. This does not permit you to contest the issues in the complaint but the Court would send you notices as your appearance would now be on record.
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It sounds like you are in a difficult position. You need representation. Your spouse's attorney isn't supposed to trick you, but is not responsible for your interests either.
Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.
I agree with Mr. White. However, what is not clear from your question is: Have you received a copy of the Complaint for Divorce? If not, the divorce case cannot go forward. If you have received the Complaint, were you served personally with it or did you sign a form called an Acknowledgment of Service? If not, the divorce case cannot go forward. I second Mr. White's recommendation that you retain a very experienced Divorce Attorney.
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Mr. White's response is thorough and well-reasoned. I will only add that you wife's attorney cannot negotiate a contract with you, which you then sign, and then unilaterally change the terms of that agreement. That is unethical and actionable.
That aside, you should always retain a copy of any document you sign, even if it is not counter-signed by the other party, to protect yourself.
I think you may need to consult with an attorney further to cover any other issues you may have filing your Answer with the court.
The foregoing is not legal advice, and nothing in the foregoing shall be deemed to create an attorney client relationship. If you feel you need to speak with an attorney regarding your issue, it is recommended that you contact an attorney with expertise in your area of inquiry. The information related above is purely for informational purposes, and should not be acted upon without speaking with qualified counsel familiar with you specific situation and the laws related thereto.
I recommend that you meet with an experienced family attorney to discuss your concerns. You may want to start with the attorney who reviewed the PSA. I agree that it sounds like the matter is moving forward by way of Default, which means the Court would not send notice to you but would notice your spouse's attorney. If you want to be noticed, you would need to file a responsive pleading which can be an Answer, Answer & Counterclaim or an Appearance.
Best of luck to you.
This answer is being made for informational purposes only. It does not constitute legal advice. By responding to a question, no attorney-client relationship has been established.
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