I filed a request to enter a default divorce judgment against my wife because she refused to cooperate throughout the divorce process.
On the date of the default hearing, my wife finally appeared in court, but rather than issue a default judgment the judge ordered we had to try and reach a marriage settlement agreement before granting the divorce.
If we can’t reach a divorce settlement, the judge said she would allow my wife to answer the divorce complaint. All this after months of my wife refusing to communicate with me and now the divorce will take even longer.
Was the judge within her legal rights to do this?
Since I am only licensed to practice law in New Jersey, I can only provide you with general divorce help for men to your social security benefits questions.
Judges often allow the defaulting party time to file an answer to the Complaint for Divorce even on the date of the default hearing. To answer your question, yes a judge can do what your judge did.
In general, it is much easier to resolve a case, whether by agreement or by trial, when both parties participate and provide the necessary information. Judges sometimes try to force parties to settle their matter so that they do not have to go through the process of a trial.
If you and your wife cannot reach an agreement, then there ultimately will have to be a trial on all outstanding issues.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.
Cordell & Cordell has men’s divorce lawyers located nationwide. To schedule an appointment with a divorce attorney, including New Jersey Divorce Lawyer Michelle L. Ferreri, please contact Cordell & Cordell.