In New Jersey, when a marriage is irretrievably broken or when one spouse has committed wrongdoing, such as adultery, abandonment, or cruelty, you can file for divorce on no-fault or fault grounds, respectively. Sometimes, both spouses are on the same page about the divorce; other times, one spouse wants the divorce while the other doesn’t. It can be frustrating to deal with an uncooperative spouse. A common scenario arises when a spouse refuses to sign the divorce papers. What happens in such a situation? Can the uncooperative or reluctant spouse prevent the divorce from moving forward? Simply put, no. In New Jersey, a divorce can proceed even if one spouse refuses to participate or sign the papers.
Filing for Divorce and Serving Papers
In New Jersey, you initiate the divorce process by filing a complaint in court. Some of the information to include in a New Jersey divorce complaint include the name of the county you are filing for divorce, identification information for both parties (you and your spouse), date and location, confirmation of residency that applies to at least one spouse, the grounds for divorce, and your demands, such as property division, alimony, child support, and child custody.
After filing the divorce complaint, you must serve your spouse with the papers through the sheriff’s office, a process server, or certified mail. Upon being served, your spouse has 35 days to respond to the divorce complaint. Under New Jersey law, your spouse can respond with an answer, answer and counterclaim, or an appearance. When a spouse fails to respond in one of these three ways, this is what most people consider not “signing” the divorce papers. However, in the legal process, the technical term for this is “defaulting.”
What Happens if Your Spouse Refuses to Sign Divorce Papers?
If your spouse fails to respond to the divorce complaint within 35 days, the court will consider them to be in default. So, what happens if your spouse refuses to respond to the divorce complaint? If your spouse does not respond to the divorce complaint within the allocated time, you can request a “default” judgment. A default hearing may be scheduled, during which you will be given a chance to present your case and provide evidence regarding divorce-related matters like property division, alimony, child support, and child custody. Because your spouse has not responded or contested the divorce, the court will make decisions in their absence. The court will grant a default divorce. However, to be granted a default divorce, you must prove that you served the divorce papers on your spouse.
It is crucial to note that a default divorce does not mean you will get everything you want. The court will examine the fairness of your requests. If everything is in order, a final divorce judgment will be issued. The divorce becomes official after this judgment is entered.
Contact a Skilled New Jersey Divorce Lawyer
If your spouse refuses to respond or sign the divorce papers, hiring a skilled divorce attorney is in your best interest. At the Trabosh Law Firm, our New Jersey divorce lawyer is prepared to guide you through this complex legal process. Contact us today to schedule a consultation.