Husband filed an uncontested divorce with Tri state community services..
Hello, I just found out that my husband filed for uncontested divorce today. We’re living separate since last month because he went to jail for 4 days then he was under home detention at his sister’s house. I’ve been a victim of domestic violence abuse since 2015 and every time he fights he throws hands on me, my 8 years old daughter called the cops and he got arrested while he was on probation for previous domestic violence charges. I dropped my new domestic violence charges and the case was dismissed but he didn’t come back from his sister’s house and today he filed divorce. I’m a house wife since I got married and we live in a rental apartment. I’ve 8 years old daughter and I’ve been the primary caregiver for her since her birth. Any suggestions what should I do ?
Once you have been served with the complaint for divorce, you have 35 days to file a responsive pleading. If you don't file, or don't file properly, your husband could proceed and be granted a divorce by default. This is not in your best interests. This may be an alimony (spousal support case), custody and child support need to be resolved, as well as equitable distribution of assets and liabilities established during your marriage. You need to retain an experienced attorney in your area to be sure your rights are protected.
This answer does not constitute the establishment of an attorney/client relationship nor is there any guarantee that this advice will be completely effective in a court of law. A consultation, including review of court orders and other documents is necessary in order for me to give you proper advice and guidance.
Mr. Boyer's response is correct - you need to retain counsel who can properly advise you as to all of the issues of your case, which cannot be done on an on-line forum like this. There will be multiple issues for which you will require assistance, including financial issues and ones regarding the custody and parenting time for your child. Do not leave these to chance by not working with experienced counsel.
This answer does not create an attorney-client privilege and should not be relied upon as such. A true and proper legal opinion can only be obtained after presenting an attorney with all of the relevant facts surrounding your situation.
You need to retain an experienced matrimonial attorney who has extensive domestic violence trial and divorce cases. I know exactly how your situation has to be handled to protect your interests and receive the desired results. The faster you act, the quicker your suffering and problems will end. In determining your choice of an attorney, there are many factors to consider, including but not limited to and you should look at how the attorney is ranked on AVVO all-time nationwide. You should also consider the attorney's reviews. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography.
If you found this Answer helpful, please mark it as "Best Answer" Please be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
