Do Both Parties Have to Agree to Get Divorced in New Jersey?
If you or your spouse wish to pursue a divorce and the other does not, it is important to understand that mutual agreement is not required for the divorce to proceed. In New Jersey, most divorces are filed on a no-fault basis due to irreconcilable differencing, meaning either party may file without the other party’s consent. If you are facing a divorce, securing experienced legal counsel as early as possible is critical to protecting your rights and interests. Contact an experienced Marlton divorce attorney at Weinberg, Kaplan, & Smith, P.A. today to discuss your options.
No-Fault Divorce in New Jersey
If one spouse wishes to pursue a divorce in New Jersey, they may file a Complaint for Divorce and ultimately obtain a Final Judgment of Divorce, regardless of whether the other spouse participates, provided all procedural requirements are satisfied. That said, when spouses are able to reach an agreement on the terms of their divorce, the process is typically more efficient, less costly, and far less emotionally taxing for everyone involved.
If Your Spouse Refuses to Cooperate
If your spouse refuses to cooperate in the divorce process, the matter will proceed as a contested divorce, meaning the parties are unable to reach agreement on the terms of their separation. After you file the Complaint for Divorce and properly serve your spouse, they have 35 days to file a response with the court.
Failure to Respond
If a spouse fails to respond to a divorce complaint, the filing party may proceed by way of a default, allowing the matter to be finalized without the non-responding spouse’s participation. In other words, one party cannot prevent the divorce from moving forward simply by failing to participate in the litigation. In a default proceeding, the filing spouse is generally more likely to obtain the relief requested, as the non-responding party forfeits the right to contest the claims. However, strict compliance with all procedural requirements is essential, and the Court must still independently determine that the requested relief is fair and equitable before entering a final judgment.
Fair Relief
Even where one spouse fails to participate in the divorce process, the relief granted by the Court must be fair, reasonable, and consistent with applicable law. In most cases, the relief sought includes, but is not limited to:
- Legal and physical custody of the children, determined in accordance with their best interests;
- Child support;
- Equitable distribution of marital assets, which requires a fair allocation under the circumstances and does not necessarily result in an equal division; and
- Alimony (spousal support).
Avoiding Contested Divorce
If you are pursuing a divorce that your spouse does not want, the matter is more likely to become contested, meaning that one or more issues will require resolution by the Court.
However, once your spouse understands that the divorce process cannot be unilaterally halted, they may become more receptive to engaging in meaningful negotiations. If efforts to resolve the matter through discussions between counsel, or between you and your spouse directly, are unsuccessful, the parties may also pursue mediation as an alternative means of reaching a resolution.
Seek the Help You Need from an Experienced Marlton Divorce Lawyer
The trusted Marlton, NJ, divorce attorneys at Weinberg, Kaplan, & Smith, P. A., appreciate just how challenging every divorce is and how much more challenging it can be if your spouse is fighting the process. We have a wealth of experience helping clients like you resolve their cases favorably, and we’re here for you, too. Learn more by contacting or calling us at 856-795-9400 today.