If you are encountering difficulties in your divorce, you should reach out to an experienced Hackensack, New Jersey divorce lawyer immediately. He or she can help you with drawing up the divorce papers and filing them with the court. Your divorce lawyer can also assist you with other matters related to your divorce and child custody. If your spouse refuses to sign them, you can ask the judge to grant you the option of proceeding as if the divorce is uncontested, or you can use a process server to deliver the paperwork to them at their home, work or other location, in order to obtain the required signature. Your spouse will then have roughly 35 days to respond to your petition. If they fail to do so, the court may grant you a default divorce in your favor. Please read on to learn what you should do if your spouse will not sign divorce papers in New Jersey.
What can you do if your ex refuses to sign divorce papers in New Jersey?
Given that the Garden State is one of the so-called “no-fault” states, you and your spouse only need to have irreconcilable differences in order to file for divorce. You can proceed even if your spouse refuses to consent, so long as you meet New Jersey’s residency requirement, meaning that you have resided in New Jersey for twelve consecutive months before you initiated divorce proceedings.
That being said, your spouse’s refusal to respond may lead to a default divorce, wherein he or she will not have the ability to contest the merits of the case or raise possible defenses. In that case, the presiding judge will make decisions as to the following aspects without his or her input:
- Division of property
- Spousal maintenance, i.e. alimony
- Child custody and visitation
- Child support
While no system is perfect, it should be noted that New Jersey state laws are unisex, meaning that women who fail to respond to divorce papers may be subject to just as unfavorable a ruling as their male counterparts. Your spouse can delay the process all he or she wants, but can’t ultimately stop it from going through. If your spouse is, or is expected to be, difficult, you should contact a skilled New Jersey divorce lawyer who will discuss the particulars of your unique case and help you develop a tailored solution. He or she will ensure that you see to your responsibilities and that your rights, and those of your dependents, are protected. Please do not hesitate to give us a call today.
Contact Our Experienced Bergen County Firm
Whether you are getting divorced or are facing any other family law matter, you need competent legal assistance on your side. Our legal team is dedicated to fighting for individuals, their families, and their future. Contact HD Family Law today to schedule your initial consultation with our compassionate and experienced firm.
