What Happens if My Spouse Refuses to Participate in the Divorce Process in NJ?

If you are seeking a divorce and your spouse simply refuses to participate, it can add another layer of frustration to an already difficult process. The good news is that your spouse cannot prevent your ability to obtain a divorce, and experienced attorneys have tools at their disposal to keep your case moving forward as smoothly as possible. Our experienced New Jersey divorce attorneys at Weinberg, Kaplan, & Smith, P.A., are standing by to help.

Your Spouse Cannot Block Your Divorce

The majority of Complaints for Divorce in New Jersey are now filed under the “no-fault” cause of action, specifically irreconcilable differences. A no-fault divorce in New Jersey will be granted upon a showing of irreconcilable differences that existed at least six months prior to the filing of a Complaint for Divorce, among other factors. Your spouse is not required to agree that the marriage has broken down, or that there is no prospect of reconciliation. At the end of the day, your spouse’s active participation is not a prerequisite to finalizing your divorce.

Serving Your Spouse and Setting the Clock

Once you file a Complaint for Divorce, your spouse must be formally served with a summons and has 35 days to respond. Many people find this deadline motivating enough to engage with the process. If your spouse still refuses to participate after being served, the court has mechanisms in place to move your case forward without their involvement.

How the Court Steps In: Entering a Request for Default

If your spouse does not respond within the allotted timeframe, you can file a Request to Enter Default with the court. At this stage, the court takes an active role in ensuring the case does not stall. In support of your request, you will need to submit various documentation, including proof that you properly served your spouse, as well as a Case Information Statement and a proposed Final Judgment, outlining all of the terms you are seeking to be incorporated into your divorce decree.

If your proposed judgment includes specific financial relief such as alimony or child support, your spouse must be separately notified through service at least 20 days before the default hearing. This ensures they have a final opportunity to participate or intervene in some way, if they choose to do so. However, their failure to respond will not prevent the case from moving forward.

The Default Hearing

At the default hearing, the court reviews the proposed terms to confirm they are fair given the circumstances of the case and that they comply with all applicable legal standards. The court’s role at this stage is an important safeguard, as it ensures that the outcome is legally sound and equitable, even in the absence of a participating spouse. Once the court is satisfied with all proof submitted and requested relief, your divorce can be finalized without your spouse’s participation.

Our Experienced Divorce Lawyers Care about You and Your Case

Our accomplished divorce attorneys at Weinberg, Kaplan, & Smith, P.A., appreciate how much more challenging divorce can be when it’s one-sided. While your spouse cannot stop you from obtaining a divorce, there are specific, rule-based steps that must be followed in order to ensure the process is appropriately handled. We can help keep your case moving steadily forward toward finalization with your rights intact. Learn more by contacting us online or giving our firm a call at 856-795-9400 today.