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Discovery should not be stayed pending the disposition of Intervenor-Defendants Motions to Dismiss. A pending motion to dismiss does not automatically stay discovery. Moreover, New Jersey law does not preclude pre-answer discovery. See Lee v.
In New Jersey, you have 35 days after being served with the divorce complaint to file a response or a default judgement will be determined by the court. Divorce is not easy.
If a party fails to answer interrogatories, respond to a request for production, or submit to a physical or mental examination and no timely motion for an extension or a protective order has been made, the party entitled to the discovery may make a motion to dismissing or suppressing the pleading of the delinquent
What happens if the defendant does not respond to the complaint? Failure to serve an answer in a timely manner will result in a default judgment in favor of the plaintiff. Stated differently, the defendant will automatically lose as a result of his inaction.
Default Divorce Timeline: With or Without a Signed Agreement In New Jersey. After the plaintiff spouse serves divorce papers, the defendant has 35 days to respond. If the defendant fails to respond within those 35 days, the plaintiff can then request a default divorce within 60 days.
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Do say: Im sorry. Divorce, like marriage, is a life-changing decision, involving many emotions, so its okay to acknowledge all that divorce entails. By saying, Im sorry.
Defendant(s) must file an answer to the complaint along with the appropriate filing fee within 35 days after service of the complaint. After the complaint is served and an answer is filed, the discovery period begins.
The response must be filed at least eight days prior to the return date on the motion. If the motion was for summary judgment, you must file the response at least 10 days prior to the return date on the motion.
If you dont file a response within 30 days of getting the Petition form, your spouse or domestic partner can ask for a default. If theres a default, the court wont let you file a response and can decide the case without you.
A Motion to Dismiss is typically filed either instead of an Answer to a Complaint or shortly after the Answer has been filed. A Motion to Dismiss focuses on the adequacy of the Complaint in connection with establishing a viable cause of action.

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