Dealing with divorce is one of the most emotionally and financially draining experiences a person can face. When you add an uncooperative spouse into the mix, the frustration can become overwhelming. If you are ready to move on with your life, but your spouse is being stubborn and refusing to sign the necessary papers or even acknowledge the proceedings, you may feel powerless and unsure of what to do. In New Jersey, a spouse cannot simply stop the divorce process indefinitely by refusing to participate. It is crucial for anyone facing this issue to understand their legal rights and the procedures the court allows for moving forward. To learn more and secure the help of a skilled legal professional, continue reading and contact a Union County divorce lawyer at Ross & Calandrillo today.
What if My Spouse Refuses to Respond to the Divorce Complaint?
In New Jersey, you are required to officially serve your spouse with notice of your intention to terminate your marriage. After serving them with the divorce complaint and summons, they have a strict deadline to respond and file an answer. This timeframe is typically 35 days from the date of service.
If your spouse ignores the complaint and the 35 days pass without an answer, you can ask the court to enter a default against them. Once in default, your spouse’s ability to contest the issues in the case becomes limited, and the court may move forward without their participation. You can then ask the judge for a default judgment, and the court can proceed as if the divorce is undisputed, though you still need to prove the reasonableness of your proposed settlement terms.
What Can I Do if My Spouse Refuses to Sign the Final Divorce Agreement?
When you and your spouse have already laid out a settlement regarding things like how you’ll divide assets, handle custody, and pay support, it can be frustrating when one of you suddenly refuses to sign the final document, known as the Marital Settlement Agreement (MSA).
A spouse cannot be forced to sign a settlement agreement. If your spouse refuses to sign, the court may schedule conferences or order additional mediation in an effort to resolve the issue. If these efforts are unsuccessful, the case can ultimately proceed to trial and become a contested divorce.
In a contested divorce, the judge will make final decisions about property division, alimony, child custody, and child support. The judge can issue a court order that becomes legally binding even without your spouse’s signature. This prevents one party from holding up the end of the process.
Contact a knowledgeable attorney at Ross & Calandrillo to protect your future and move forward today.
