For many, making the decision to file for divorce is not something made lightly. As you can imagine, this is an incredibly difficult matter, not only emotionally, but legally and financially. If you and your spouse have discussed the idea but they do not want a divorce, you may feel trapped. However, it’s imperative to understand that you can proceed with a divorce without the consent of your spouse. The following blog explores what you must know about these matters and the importance of discussing your legal options with a Somerset County divorce attorney who can assist you during these challenging issues.
Can I Get a Divorce if My Spouse Doesn’t Want One?
It is not uncommon for one spouse to try to change the mind of the other when the idea of divorce arises. They may wish to reconcile or remain in the marriage for a number of reasons and therefore do not consent to the divorce. However, it is imperative to understand that all states, New Jersey included, accept no-fault divorces. This means that you do not have to prove wrongdoing by your spouse in order to get a divorce. You may simply file for a divorce because you and your spouse have suffered an irretrievable breakdown in your marriage that cannot be repaired.
If you are ready to pursue a divorce but your spouse is not, it can lead to trouble during your divorce as they may be uncooperative or intentionally attempt to delay and sabotage the outcome of the case. As such, if you are considering a divorce, it’s in your best interest to connect with an experienced divorce attorney who can help you explore your legal options during these matters. You may find that giving your spouse time to prepare or trying counseling can help them understand the decision.
What Should I Do if They Don’t Respond to Papers?
In the event you file for divorce but your spouse does not respond to the papers, it’s imperative to understand your legal options. In New Jersey, when a spouse is served divorce papers, they must respond to the papers within 35 days of their service. Failure to respond can result in delays.
If your spouse has not responded to the divorce papers, it’s important to understand that you generally do not have to do anything. This is because the court can issue a default judgment in your favor. This essentially means that you will be granted the terms you requested in the divorce petition because your spouse has made the decision not to respond, and thus relinquished their right to fight for different terms.
As you can see, getting a divorce can be an incredibly difficult an overwhelming process. If your partner is uncooperative, it is in your best interest to connect with an experienced divorce lawyer from the Siragusa Law Firm as soon as possible. Our team understands how difficult these matters can be to navigate, which is why we are committed to providing you with the best legal advice possible. Contact us today to learn how we can fight for you.
