Can I Get a Divorce Without My Spouse’s Consent in NJ?

Whether you’ve known for a while your marriage was not trending in the right direction or something happened that solidified your decision to pursue a divorce, this can be an incredibly difficult and emotional matter to navigate. While you may have come to terms with your decision, your spouse may disagree that a divorce is necessary. Unfortunately, many assume that they must have their spouse’s consent to proceed with a divorce in New Jersey, which is far from the truth. The following blog explores what you should know about these matters, including the importance of working with a Morris County divorce lawyer, especially if you are dealing with an uncooperative spouse.

Do I Need My Spouse’s Consent to Get Divorced?

There is a common misconception that in order to proceed with a divorce, both spouses must agree to the divorce. It’s not uncommon for one spouse to disagree with the notion that a divorce is necessary, and thus may try to talk the other out of it or say they won’t go through with the decision.

It’s important to understand that if you wish to get divorced in New Jersey, you do not need the consent of your spouse to do so. New Jersey accepts both at-fault and no-fault divorces. This means you are not required to prove wrongdoing by your spouse in order to proceed with the divorce. It’s important to understand that New Jersey does not treat fault-based divorce differently, so you may find that pursuing one is not in your best interest, as it can be more complicated to navigate than a no-fault divorce. In a no-fault divorce, the only thing you must do is cite the grounds on which you want to file for divorce, which is that your marriage is irretrievably broken. As such, this may make your spouse more willing to proceed, as it removes the blame from the divorce.

What Happens if My Spouse Doesn’t Respond?

If your spouse does not want a divorce, you’ll find that they may take measures to try to prevent this from happening. One of the most common ways that spouses try to get out of a divorce is by ignoring the papers. However, you’ll find that if your spouse makes this decision, it will not prevent you from continuing the process.

In New Jersey, when you file for divorce, you must have your spouse served with papers. In the event your spouse refuses service or does not sign the papers to proceed with the divorce, the court can still continue the process. Your spouse must file a response with the court within 35 days of service. If they do not respond, the court can issue a default judgment. Essentially, this means that because your spouse purposely ignored the papers, they relinquished their right to argue their case in court. As such, you will be granted the relief sought in the initial petition to file for divorce.

As you can see, this process can be incredibly complicated to navigate. That’s why it’s in your best interest to discuss your legal options with an experienced divorce attorney with Haber Silver Russoniello & Dunn. We understand how complicated these matters can be, which is why our firm will work with you to help you proceed with your divorce, even if your spouse refuses to cooperate. Contact us today to learn how we can fight for you.