Under certain circumstances, it is possible to get a divorce without your spouse’s consent. To learn more and obtain skilled representation during your case, read on and consult with an experienced Sussex County, Sparta divorce attorney today.
Is it Possible to Get a Divorce Without My Spouse’s Consent in NJ?
Yes, it is possible for you to get a divorce without your spouse’s consent in New Jersey. New Jersey is a hybrid divorce state, meaning that spouses can choose to file either a no-fault or fault-based divorce. In a fault-based divorce, you must prove in court that your spouse’s wrongdoing led to the breakdown of the marriage. However, in a no-fault divorce, you must only offer evidence that there are irreconcilable differences and that the relationship is broken beyond repair.
If you file for divorce based on no-fault grounds, there is nothing your spouse can do to stop the divorce from being processed regardless of whether or not they consented to the termination of the marriage.
How Can I Get Divorce Without My Spouse’s Consent?
As established, you can get divorced without permission from your spouse by filing a no-fault divorce. After you file the petition and serve them with the required papers, their only option is to accept or contest the terms outlined in the documents within the 35-day time limit.
Some spouses may attempt to derail the process by refusing to issue a response. However, this will only benefit your cause. If your spouse fails to respond to the divorce papers they forfeit their right to do so and the court will grant you a default divorce. Default divorces act are considered uncontested and you will be granted all terms presented in the papers served to your spouse.
What is a Divorce by Publication?
Another way to get divorced without consent from your spouse is through a divorce by publication which can be used when you cannot locate your spouse. While you are legally required to serve the divorce papers to your spouse, it is impossible to do so if you can’t find them. If after making a notable effort to contact your spouse (like contacting their relatives, friends, employer, last known address, etc.) you cannot get in touch with them, the court could order you to post notice of the divorce in the newspaper.
If you publish your intent to terminate your marriage in the paper and your spouse does not contact you or respond within 21 days, the court can proceed to issue the divorce without their consent or knowledge.
It is important to note that your efforts to contact your spouse must be recorded and presented to the court for approval before they deem that your spouse is unreachable. For more information, set up a consultation with a skilled lawyer at Paris E. Eliades Law Firm, LLC today.
