The decision to file for divorce is not an easy one to make. There are many important factors to consider and you likely have had several concerns and worries, including how your spouse will react. It is important to know that you can get divorced with or without your spouse’s consent in New Jersey. Understanding your legal rights and options is crucial to protect yourself and your family during this difficult time. To obtain skilled legal representation and advice, work with an experienced Bergen County divorce lawyer.
Is New Jersey a No-Fault State?
When it comes to divorce, New Jersey is considered a no-fault or hybrid state. State law allows individuals filing for divorce to choose between a no-fault or fault-based system depending on their personal circumstances.
A fault-based divorce is one where the filing spouse is doing so based on the wrongdoing and behavior of the spouse. They are required to prove the fault-based divorce ground in court.
A no-fault divorce is one where neither spouse is being blamed. The ground is generally irreconcilable differences and an irretrievable breakdown of the marriage.
How Can I Get Divorced Without My Spouse’s Consent in NJ?
You can get divorced without your spouse’s consent in New Jersey simply by filing for divorce. You do not need permission or approval to do so. If you are filing for a no-fault divorce, after submitting the official petition you will be required to serve your spouse with the papers. These documents will include the reason for divorce and the terms that you are hoping for including property division, alimony, child custody, child support, and more.
Under NJ state law, your spouse has 35 days to file an official response after being served. They can either agree to the terms, making it an uncontested divorce, or oppose one or more conditions, making it contested. If they do not respond at all and refuse to issue a formal response, the court can grant you a default divorce, treating the situation as uncontested. By failing to respond your spouse waives their rights.
What if I Can’t Contact My Spouse?
Some spouses may be separated from one another and perhaps haven’t even contacted each other in months or years. If you cannot get ahold of your spouse to serve them the papers you may be concerned about your rights and options moving forward.
If you can prove that you took valid and significant action in an attempt to contact your spouse but were unable to do so, the court could grant you a divorce by publication. In this situation, you must publish a notice in the local newspaper stating your intent to dissolve the marriage. If your spouse does not respond within 3 weeks, the court can grant you a default divorce.
For more information regarding your legal rights and options during your divorce, contact a knowledgeable attorney today.
