It is possible to get divorced without your spouse’s consent in New Jersey but it is crucial that you understand the nuances and legal requirements associated with the process. Consult with a Summit divorce & family law attorney for more information and to obtain representation today.
Can I Get Divorced Without My Spouse’s Consent in NJ?
Depending on the circumstances, yes, you may be able to get divorced without your spouse’s consent in New Jersey. While it is possible to get a divorce without your spouse’s signature or consent, it is important to note that you cannot conceal your intentions to terminate the marriage. You have to notify your spouse and give them the opportunity to accept or contest the terms of the divorce.
How Can I Get a Divorce Without My Spouse’s Approval?
You can get a divorce without your spouse’s consent in two main ways. First of all, file a divorce based on no-fault grounds like irreconcilable differences. In a divorce based on your spouse’s actions or wrongdoings, you must prove your claims in court. However, you do not have to prove anything in a no-fault divorce except that the relationship has broken down.
After filing the official complaint you must serve your spouse with papers. They have 35 days to file a response, either accepting or contesting the terms. If they fail to respond then the court has the power to grant a default divorce in their absence.
You can also get a divorce by publication if you have no way of getting in touch with your spouse. If you have been separated from your spouse for a long time you may have changed numbers, no longer know where they live, and have no friends or family in common anymore. After filing the petition for divorce, you have to put a significant effort into serving your spouse the papers to notify them. However, if you cannot locate them then the court may allow the divorce to proceed regardless. Accepted efforts include contacting your spouse’s family, friends, last known employer, last known address, obtaining legally available information on their voting registration or vehicle information, etc.
If you made genuine efforts to contact your spouse but were not able to get in touch, the court will likely require you to publish a public notice of your intention to terminate the marriage in the newspaper. After three weeks with no response, the court will continue to process the default divorce without input from your spouse.
If you want to file for divorce but are concerned that your spouse will not consent or cannot be located, it is imperative that you fully understand your legal rights and options. Reach out to an experienced divorce attorney at Ross & Calandrillo, LLC today for more information and legal advice.
