If you’re going through a divorce, you may want to do everything possible to ensure the process goes as quickly and smoothly as possible. Your spouse, on the other hand, may feel the opposite. When your spouse delays the process or refuses to act when necessary, it can delay the process. Luckily, New Jersey divorce attorneys can help you deal with an uncooperative spouse. The following blog explores what you must know about these frustrating circumstances.
Why Might a Spouse Refuse to Cooperate in a Divorce?
It’s no secret that divorces are frequently contentious and emotional times for both parties. As such, one spouse may refuse to cooperate for several reasons. Often, a spouse will refuse to sign the divorce petition as a means of refusing to proceed.
In some circumstances, your spouse may believe that refusing to sign the divorce petition will buy additional time for you to change your mind. In other cases, they may be angry that you decided to take these steps and withhold signing the divorce petition or cooperating to “punish” you for your choices.
Can I Proceed With My Divorce if My Spouse Doesn’t Cooperate?
If your spouse will not cooperate, you may believe your divorce will halt until they do. Luckily, this is not the case. When you serve your divorce with papers, they have thirty days to submit a decision. If your spouse doesn’t respond to the petition, you can file for a default judgment. Essentially, this means you can receive what you requested in the petition since your spouse failed to respond and you have proof they were served papers.
However, your spouse may respond and disagree with the terms of your divorce. As such, this becomes a contested divorce. During a contested divorce, you’ll need to proceed to a trial. Unfortunately, you may find that this process can take a while, especially if your spouse continues to delay the process by missing hearings or court dates.
How Can a New Jersey Attorney Help Me Deal with an Uncooperative Spouse?
Unfortunately, handling an uncooperative spouse can cause additional stress and anxiety through this already challenging process. As such, enlisting the assistance of an experienced attorney is essential to help you transition into the next chapter of your divorce smoothly. If your spouse continues to drag out the process, your attorney will advocate for you by asking the judge to impose court orders against your spouse.
Your attorney will help fight for you during this process. Even if your spouse does not want to move forward, the law is on your side, and so is Haber Silver and Russoniello. Our dedicated legal team will do everything possible to help you navigate the complexities of this process. Contact us today to learn how we will fight for you.