Divorce is a process, one riddled with emotions that might range from terror to relief and everything in between. Then comes the challenges and the frustration, particularly when your spouse does not want to cooperate. If you are facing a situation where your spouse refuses to participate in the divorce, you need to know what the next steps should be. Let’s discuss how to proceed with your divorce, as well as your available options.
Key Takeaways
- In New Jersey, you can proceed with an uncontested divorce even if your spouse refuses to participate, similar to a default divorce in other states.
- Challenges include ignoring court orders and unwillingness to negotiate on key issues, which can complicate and prolong the process.
- To move forward, try to communicate with your spouse, consider mediation, and ensure proper service of divorce papers.
- If your spouse does not respond, you can request a default judgment by demonstrating that you have served them properly and met all legal requirements.
- Consulting with a family law attorney, such as Ziegler Law Group, LLC, can help navigate the process and protect your rights throughout the divorce.
When a Spouse Refuses to Participate in the Divorce
If you recently filed for divorce and your spouse has not communicated with you and has not answered any letters, there are a couple of things you need to know. First, they may have deemed this the best course of action. It is not always that they are ignoring the summons; some people do not want to be involved.
In New Jersey, there is something called “uncontested divorce,” which is similar to a “true default divorce” in other states. You can move forward with an uncontested divorce even if your spouse does not respond.
However, this can cause some difficulties that you need to keep in mind when proceeding:
- Ignoring Court Orders: The disregard of legal documents, mediation sessions, and court dates can prolong the divorce process and make it more stressful on you and any children involved.
- Unwillingness to Negotiate: Perhaps you wanted an amicable divorce, but they refuse to discuss critical issues, such as property division, child custody, and support. This can leave you feeling stuck in limbo.
How to Move Forward When a Spouse Refuses the Divorce
There are several ways to move forward, some more direct than others, when you want to proceed with the divorce. Here are some recommended steps:
Communicate
If your relationship prior to the divorce was amicable and no abuse was involved, it may do you and your spouse well to communicate with one another. Anger, fear, and grief may have caused your spouse to withdraw. Write them a note or an email or even call them directly and explain that their inaction may have serious consequences. Balance the need to move ahead with the divorce with compassion.
Try for Mediation
You can opt for court-ordered mediation or use a legal representative to assist. Mediation involves a neutral third party who can facilitate communication and negotiation between you and your spouse. This process can often resolve disputes related to property division, child custody, and other important issues, even if one party is initially uncooperative.
Proceed with an Uncontested Divorce
In New Jersey, an uncontested divorce typically involves both spouses agreeing on all terms of the divorce, such as property division, child custody, and support. However, if one spouse refuses to participate, you can still move forward with the divorce process under certain conditions.
You will still need to serve your spouse with a Summons and Complaint for Divorce. This can be done through personal service, where a process server or sheriff delivers the documents directly to your spouse. If your spouse’s whereabouts are unknown, you might need to use alternative methods such as service by publication or mail.
Once the papers are served, you must file an Affidavit of Service with the court. This document serves as proof that your spouse received the divorce papers. If your spouse refuses to acknowledge receipt, you may need to provide additional evidence or attempt alternative service methods to satisfy this requirement.
Once this happens, you can move forward with a default judgment.
Default Judgment
If your spouse does not respond to the divorce papers or fails to participate in the proceedings, you can request a default judgment from the court. Here’s how this process works:
Filing for Default Judgment
After the deadline for your spouse to respond has passed, you can file a motion for a default judgment. This motion requests the court to grant the divorce based on the information and evidence you have provided.
Requirements for Default Judgment
To obtain a default judgment, you typically need to demonstrate that:
- You have made reasonable efforts to serve your spouse with the divorce papers.
- The court has jurisdiction over the case (i.e., it has the authority to make decisions regarding the divorce).
- You have complied with all procedural requirements set by the court.
Court Review
The court will review your motion and supporting documents. If the court is satisfied that you have met all the requirements, it may grant a default judgment. This means the court will issue a divorce decree based on your submissions without requiring the absent spouse’s input. However, if there are unresolved issues or the court requires more information, a hearing may be scheduled.
Finalization of Divorce
Once the default judgment is granted, the court will issue a Final Judgment of Divorce. This document legally dissolves the marriage and outlines the terms of the divorce, including the division of assets, custody arrangements, and support obligations.
Looking for a New Jersey Divorce Lawyer to Help?
When your spouse is being uncooperative, it may seem like there is no way out of your divorce. However, that is not the case. You can move forward by following a couple of steps and having a divorce lawyer on your side. By ensuring proper service of divorce papers and understanding how to request a default judgment, you can move forward with the divorce process even if your spouse refuses to participate. Consulting with an experienced family law attorney can provide additional guidance and ensure that your rights are protected throughout the process.
If you are looking for a lawyer to assist, consider Ziegler Law Group, LLC. Our team is here to help you through this time and highlight the best path forward. Give us a call today at 973-533-1100 or fill out the online form to schedule your consultation.
