When a marriage has deteriorated beyond repair, divorce may be the only viable option. However, if one spouse wants to fight to save the marriage or disagrees with pursuing a divorce, it can be challenging to proceed with the dissolution of your marriage. It’s important to understand that you can move forward with the divorce without the consent of your spouse. Please continue reading as we explore what you must know about these matters and why working with our experienced Middlesex County Divorce Lawyers is in your best interest.
Can I Get a Divorce if My Spouse Doesn’t Want One?
If the topic of divorce arises, one spouse may try to convince the other to reconsider. They may wish to reconcile or stay married for various reasons and, therefore, do not agree to divorce. However, it’s imperative to understand that New Jersey recognizes no-fault divorces. This means that you don’t have to prove that your spouse did anything wrong to dissolve your marriage. Instead, you can file for divorce simply because you and your spouse have experienced an irreparable breakdown in your marriage. If you are considering a divorce and your spouse doesn’t agree, it’s adviseable to consult with a knowledgeable divorce attorney who can help you understand your legal options.
What If My Spouse Doesn’t Respond?
When initiating divorce proceedings in New Jersey, if your spouse refuses or doesn’t respond to the legal papers, the court can still grant the divorce. Typically, the spouse who did not file for divorce is obligated to respond to the served divorce papers within a stipulated timeframe of 35 days. Failure to adhere to this deadline can result in the court issuing a default judgment in favor of the plaintiff.
Essentially, this default judgment grants the terms outlined in the plaintiff’s original divorce petition, as the defendant’s lack of response is interpreted as a relinquishment of their right to contest any aspect of the divorce proceedings. This can encompass a wide range of issues, including, but by no means limited to, the division of assets and debts, spousal support, child custody, and child support.
It’s crucial to emphasize that while a default judgment can prove advantageous to the plaintiff, it’s not automatically granted. The court will still review the unique nature of the case to ensure that the requested terms are fair and reasonable. Furthermore, even after a default judgment is issued, the defendant may be able to have it set aside under certain circumstances, such as proving that they were not properly served with the divorce papers or that they had a valid reason for not responding within the 35-day timeframe.
Divorce is an overwhelming and difficult process. If your spouse is uncooperative, it’s crucial to seek qualified legal counsel. At Arndt, Sutak & Miceli, LLC we are prepared to provide you with expert guidance and support during this challenging time. Contact us today to schedule a consultation and learn how we can advocate for your best interests.
