What if my spouse will not agree to a divorce in New Jersey?

If you and your spouse are not in agreement that divorce is the best option but you are certain you wish to proceed, you are within your legal rights in the state of New Jersey to request a divorce even without your spouse’s approval.  The Garden State is considered to be a “no-fault” divorce state.  This means you do not have to prove any kind of wrongdoing to get a divorce.  All you have to prove is that you have an “irreconcilable difference”, and the fact that you and your spouse cannot agree to get a divorce is considered an “irreconcilable difference”.  Your spouse cannot dispute the divorce itself, but he or she can dispute the terms of the divorce such as custody, parenting time, and division of assets.

Alternatively, you could file for divorce with a fault ground.  The burden of proof will be on you to show the court your ground exists, and your spouse can contest this claim, something he/she couldn’t do in the case of a no-fault claim.

Now, just because your spouse cannot legally deny you divorce, that isn’t to say they can’t make it difficult for you if you are not familiar with the proper procedures and protocols.  Here are a few key steps to follow when filing for divorce:

• Acquire counsel experienced in family law. Having a good lawyer who understands your interests and has the legal expertise to fight for them is key in this scenario.

• Inform yourself by speaking with counsel, your county court, and local paralegal association. These institutions all exist to offer you legal guidance and knowledge, take advantage of them!

• Serve your spouse with the necessary legal paperwork. This step is crucial to the process as if done improperly can lead to having to start the entire process over again!  The law states that they must be served in person, either by yourself, a professional process server or through the sheriff’s office. This website is made available to Union County residents to better explain and facilitate the process.

• If you do not know where your spouse is living in order to serve them, you can ask the court for permission to contact them through a mutual friend or family member, the local newspaper, and nowadays even through email and Facebook.

• Once your spouse has been served, he/she has 20 days to respond to your request for divorce. If they fail to respond to the complaint, the judge will grant you a default divorce.  If they do respond, either by requesting a court appearance or filing a counterclaim, the divorce then becomes “contested”. It is here that experienced counsel can help you navigate this complex and emotional process. To be clear, your spouse cannot stop you from getting a divorce, but they can contest division of assets and child custody.

In summary, it is important to understand that your spouse cannot prevent you from getting a divorce.  It is highly recommended that you seek family law counsel at the earliest stage.  If you or a loved one is considering a divorce, contact the law offices of Edward S. Cooper for your consultation today.