The divorce process in New Jersey often takes well over a year to complete. Conflict levels between spouses can increase the estimated timeline for divorce.
If one spouse does not want to divorce, they might contest every proposal made by the other spouse or may even refuse to respond to legal service with divorce papers. What happens in cases where one spouse does not want to acknowledge the divorce?
The divorce can proceed without their participation
Refusing to acknowledge or respond to the service of divorce paperwork does not protect someone from the end of a marriage. No one can force their spouse to remain in a marriage indefinitely without their consent.
In many jurisdictions, the spouse who filed the petition and wishes to proceed with the divorce can ask the courts to proceed with a default filing after a certain amount of time has passed since the legal service occurred. In New Jersey, the spouse served with divorce paperwork typically has 35 days to file a formal response if they want to challenge any of the terms proposed.
Divorce is often simpler and potentially faster when spouses agree on key details and cooperate. However, divorce is still possible even in cases where one spouse refuses to participate in the end of a marriage.
Discussing plans for divorce and the potential opposition of a spouse with a New Jersey divorce lawyer can help people plan for common pitfalls and understand the process ahead. With appropriate guidance and careful planning, even those who expect their spouses to fight a divorce filing can extricate themselves from an unhappy and unsuccessful marriage.