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Can I Get a Divorce Without My Spouse’s Consent in NJ?
When a marriage has deteriorated beyond repair, divorce may be the only viable solution. However, the divorce process can become significantly more complicated and emotionally fraught if one spouse desires to remain in the relationship and opposes the dissolution of the marriage. Please continue reading to learn whether you can get a divorce without the consent of your spouse and how a skilled Ocean County Divorce Attorney can assist you during these challenging times.
Can I Divorce My Spouse Without Their Consent in NJ?
When one spouse wants to stay married, and the other wants to get a divorce, the spouse who wants to remain in the union may employ tactics to delay divorce proceedings in an attempt to preserve the relationship. This may include refusing to sign papers, contesting the grounds for divorce, or raising issues related to child custody, property division, or spousal support. These actions can result in drawn-out legal battles that cause increased emotional distress and substantial legal fees for both parties.
While it is understandable that a spouse may want to save the marriage, it is neither healthy nor sustainable to force another person to stay in a relationship against their will. The court recognizes this, which is why New Jersey allows for no-fault divorces. This means a spouse can file for divorce based on irreconcilable differences without having to prove any wrongdoing. Even if one spouse is unwilling to participate, the other spouse can initiate the divorce process by filing a petition with the court.
Ultimately, your spouse cannot refuse to get a divorce. You can be granted a divorce regardless of their participation. You should note that if your spouse refuses to cooperate, the divorce will become contested. This means the court will need to step in and resolve the disagreements at hand regarding property division, child custody, and spousal support.
What If They Don’t Respond?
If you have filed for divorce in New Jersey, you must serve your spouse with divorce papers to notify them that legal action has been initiated, allowing them to respond to the court. Each state has a designated timeframe within which a spouse must respond after being served with divorce papers. When a spouse is served divorce papers, they must respond within 35 days of their service. If they fail to adhere to this deadline, the court can issue a default judgment favoring the plaintiff.
A default judgment will grant the terms outlined in the original petition, as the defendant’s lack of response is perceived as a relinquishment of their right to contest the terms that will apply to the termination of the marriage. The court will review the terms outlined in the petition to ensure they are fair and reasonable. If the terms satisfy the court, they will grant the plaintiff everything they requested, potentially leaving the non-responding spouse with less favorable outcomes.
If you are ready for a divorce but your spouse is being uncooperative, please don’t hesitate to contact an experienced attorney from the Law Office of Sarina Gianna, LLC, who can help you understand your legal options. We are prepared to advocate for your rights. Connect with our firm today to learn how we can fight for you.