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Can I Divorce My Spouse Without Their Consent in NJ

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Jan 11, 2021

Can I Divorce My Spouse Without Their Consent in NJ

Can I Get a Divorce Without Consent in NJ?

Did you know that about 40 to 50% of married couples in the United States divorce? But, what happens when a married couple cannot agree on separation and divorce?

Are you asking yourself, “can I divorce my spouse without their consent in New Jersey?” The answer is “yes”!

Read on to learn about getting a divorce without consent in New Jersey.

Divorce Without Consent in New Jersey

The NJ family law states that you can move forward with a divorce even when your spouse attempts to prevent one by refusing to participate or ignoring the request.

It only takes one spouse to file for divorce proceedings to begin.

Divorce laws in NJ recognize that some decisions are unilateral. This is often for a good reason. For example, if domestic abuse occurs in a relationship, the abuser may refuse to sign divorce papers.

Default Judgment of Divorce

The New Jersey divorce papers get filed and make their way through the courts. The only way to stop the divorce process is for the original filer to withdraw the papers.

If the spouse who did not file for divorce refuses or doesn’t respond to the legal papers, the divorce can still get granted. This is referred to as a default judgment. A judge will review the files and make a determination based on various circumstances. 

These matters include child support, child custody, alimony, and asset division.

Are you wondering, “Can I get a divorce without my spouse knowing?” The answer is “no.” Once the papers are filed, a court-appointed server will attempt to give the documents to your spouse.

Below you will see what happens if your spouse does not respond. But first, let’s discuss the process for getting a default judgment.

Filing a Complaint For Divorce

One spouse can file papers for the courts to begin the legal process. Certain forms must be completed correctly to achieve the best outcome. This is where it is vital to speak with a divorce attorney, who can guide you through all of the early and critical steps.

A process server will then serve the papers to your spouse. Once served, your spouse has 35 days to respond. If they do not respond within that time frame, you have 60 days to request a default judgment of divorce.

If Your Spouse Doesn’t Respond or Objects

If your spouse doesn’t respond to the legal documents or objects, the next step will still serve them with a Notice of Equitable Distribution and Case Information Statement

This includes information required to resolve insurance coverage issues, asset divisions, child support, spousal support, and custody. 

The Case Information Statement provides more specific details like income and assets.

These statements are the most crucial documents. If not done correctly, the impact on the outcome of the case can be devastating.

Getting a Divorce Decree

The documents mentioned above will then be submitted to the judge for their review. The hearing date will be set, and your spouse will get another notice. Whether your spouse participates, opposes, or ignores the request, the judge can still grant your request for a divorce.

Can I Divorce My Spouse Without Their Consent in NJ

Hire a Divorce Attorney

Getting a divorce without consent can be a complicated and daunting process but can happen. Taking the proper steps and the accuracy of papers filed will be the deciding factor on the outcome. Therefore, hiring a New Jersey divorce attorney who has expertise in divorce and family law in NJ is crucial.

Please feel free to get in touch with Dalena & Bosch Attorneys at Law today. We can schedule an initial consultation and guide you through the divorce process step by step. Our office is located in Madison, NJ in Morris County.

Elizabeth Dalena helped me through a very difficult divorce and I felt working with her was like working with a friend you can trust! Beth, thank you for your professionalism and helping me through this difficult time.
Michael Mastrogiacomo - March 2020
If you’ve been searching for an honest and empathetic attorney...someone you can trust while you navigate the difficult and emotional world of family law, then do yourself a favor and contact Beth Dalena & Jessica Bosch. You’ll be so glad you did.
Par 5 Consulting - March 2020
When you are in the painful and often frightening process of divorce, the women of this law firm bring you confidence and security with their knowledge and professionalism. They exhibit that rare combination of the willingness to hold your hand like a compassionate friend and defend you like a piranha in the courtroom when necessary. They exhibit dedication, and the grace and wisdom of their long term experience. They look…
Cindy Morhouse - February 2020
These ladies have helped me several times in my experience with them. Jessica was my divorce attorney and I can say without hesitation, she was professionally and personally a gift to me. She handled my case (adversarial at best) with grace and knowledge. A fighter when necessary. She handled me in my personal state as a friend. Compassionate and kind. Beth assisted me with rewriting my deed after my divorce…
Scarlett O - January 2020
I chose Jessica A. Bosch to represent me because she was compassionate and knowledgeable. My divorce was a long and difficult journey. During this time, I lost sight of what was really important. Jessica kept me grounded and focused on what would be best for me after the divorce. I am grateful for her help in protecting two very important financial things that I might have given up. I didn't…
Cynthia R - December 2019