A man and woman sit at a table in their New Jersey home, turned away from each other with serious expressions. On the dark wooden table, divorce papers requiring spouse consent and two wedding rings lay prominently. The background reveals a modern, white kitchen.

Will a Court Grant My Divorce Without My Spouse’s Consent in New Jersey?

The process of filing for divorce is often overwhelming, complex, and contentious. It can be even more so when your spouse is not cooperating with your efforts. Understanding your legal rights and options is crucial when attempting to terminate your marriage. Continue reading to discover whether a New Jersey court will grant your divorce without your spouse’s consent and consult with a Morristown divorce attorney for skilled representation today.

Will a Court Grant My Divorce Without My Spouse’s Consent in NJ?

Yes, under certain circumstances it is possible that a New Jersey court will grant you a divorce even without your spouse’s consent. According to NJ Directive #12-22, default and uncontested divorce judgments can be permitted without personal appearances if one spouse files for divorce, properly notifies the other spouse, and the other spouse has not responded to the court. If these three factors are true, the judge can decide whether to enter the judgment, known as a default judgment or default divorce.

How Can I Get a Default Divorce?

A default divorce can generally be granted in one of two scenarios. The first option is to simply file for a no-fault divorce. NJ offers both fault-based and no-fault divorce, but the simplest option is a no-fault divorce because you do not have to prove any fault or bad behavior. After you file for a no-fault divorce, you will be required to have your spouse served with papers including the official complaint and the terms you have requested. Under NJ law, they have 35 days from the date they were notified to file an official response with the court, either accepting or contesting the terms. If they fail to file a response within 35 days, the court has the right to issue a default judgment without an appearance or signature from your spouse.

You can also get a default divorce if you cannot find your spouse. If the two of you have been separated for a time there is a chance that you do not know where they are or how to get in touch with them. You will be required to make a valiant effort to locate your spouse like inquiring with their employer, friends, family, last known address, etc. If your search is fruitless, the court may ask you to post notice of your intent to divorce in the newspaper for three weeks. If your spouse does not respond within three weeks, you can be granted a default divorce.

It is important to remember that because New Jersey is a no-fault divorce state, there is nothing your spouse can do to keep you from divorcing them. Even if they respond to your notice they can only accept or contest the terms. Though they may try to delay the inevitable, you will be granted your divorce eventually.