Divorce can be one of the most frustrating and overwhelming processes, especially if you are dealing with an uncooperative or absent spouse. A common question petitioners ask is whether they can get divorced without their spouse’s approval or consent. While it is possible to proceed with the divorce without your spouse’s signature, it can make the process more complicated. Understanding New Jersey’s divorce laws is crucial in ensuring your rights are protected. Work with a Morris County, NJ divorce lawyer for skilled legal advice and representation.
Can I Get Divorced Without My Spouse’s Approval in NJ?
Yes, it is possible to get divorced without your spouse’s approval or signature in New Jersey depending on the specific details of your situation.
According to NJ law, “In specific circumstances, the entry of default and uncontested divorce/dissolution judgments may be permitted without personal appearances when one spouse files for divorce or termination, properly notifies the other spouse, and the other spouse has not filed any response with the court. In lieu of personal appearances, the judge decides whether to enter the judgment for divorce based on the papers filed with the court.”
When you are granted a divorce without your spouse responding or agreeing, it is known as a default divorce or default judgment.
How Can I Get a Divorce Without My Spouse’s Consent?
New Jersey is a no-fault divorce state meaning that you do not need to prove that your spouse did anything wrong to obtain a divorce. Instead, you can file based on irreconcilable differences or separation for at least 18 months. To get divorced without your spouse’s approval, you can simply file for a no-fault divorce. You are required to notify your partner of the legal action you have taken so you must serve them with the required documents. If they do not respond within the 35-day time frame, you can be granted a default judgment and the court can issue the divorce even without your spouse’s approval.
If you have been separated from your spouse and cannot locate them, you can also get a divorce by publication. The court will require you to make significant efforts to contact your spouse through their last known address, employer, and friends and family. If you are unsuccessful, you can post a notice of your intent to get divorced in the newspaper. If 21 days pass with no response, you can be issued a default divorce.
It is important to keep in mind that even if your spouse does not consent to the divorce, they cannot stop it from happening. If they do respond to your notice all they can do is either agree to or contest the terms. For more information and legal advice, reach out to a knowledgeable attorney at Townsend, Tomaio & Newmark today.
