How Can I Get a Divorce If My Spouse Won’t Cooperate?
Getting a divorce can be difficult enough, but trying to go through this process while your spouse refuses to cooperate at every turn can be a major pain. Thankfully, the state of New Jersey has planned for such things. You are not going to be stuck in limbo just because your spouse will not cooperate. There are time limits and motions that can be filed, and the Chatham divorce attorneys from our firm can tell you all about the steps that you need to take.
What Happens When You Send Your Spouse Divorce Papers?
In New Jersey, only one spouse is needed to start divorce proceedings. So even if your spouse is not cooperating, you can begin the divorce process on your own. Papers are drawn up and served to your spouse, and they have time to respond to you. If they do not respond within 35 days, the court can decide to let you move on without them.
Can You Get Divorced Without Your Spouse’s Signature?
When your spouse does not sign the divorce papers and respond to your petition, you can request that a judge issue a default judgment. This basically just allows the divorce to continue without your spouse’s input. You do need to show that your spouse was served with your complaint and divorce papers though. You also need to show that they did not bother to respond. If your spouse is in the military, there might be more things that you need to do to move your divorce along to the next stage.
What If My Spouse Threatens Me Over the Divorce?
Sometimes instead of being uncooperative and ignorant of deadlines, a spouse can escalate their behavior and become threatening during divorce proceedings. If this is happening to you, make sure that you document everything. Having a paper trail to point to can help you if you need a protective order later. Your spouse’s behavior could also affect the outcome of your divorce case, including agreements concerning child custody and visitation.
What is a Default Judgement?
If your spouse does not respond to the divorce papers pm time, You have 60 days to request a default judgment. This essentially moves your divorce on to the next stage, even though your spouse is not including themselves in the process.
When a court issues this kind of judgment, that means that the judge can begin deciding on some of the most important aspects of your divorce agreement. The court can decide on:
- Child custody
- Child support
- Division of assets
And since you and your lawyer are the only ones in court, ready to make arguments, you could secure some favorable arrangements for yourself.
Contact Our Law Firm Today
When you are ready to file for divorce and move on with your life, our legal team can help. Contact Lazor Rantas, PC and set up an appointment. We would love to take the time to discuss your case.