Divorce can be an emotional and complex process, especially when one spouse does not agree to the separation. In New Jersey, like many other states, the decision to divorce is typically within the control of the person seeking it.
New Jersey divorce law operates on a no-fault basis, meaning a spouse does not need to prove wrongdoing, such as adultery or abuse, to file for divorce. However, when a spouse says no to the divorce, it doesn’t necessarily mean the process ends there. Understanding the legal framework and your rights can help you navigate this challenging situation.
What Happens Legally When One Spouse Says No to Divorce?
When a spouse refuses to consent to a divorce, the individual seeking the divorce (the petitioner) still has legal options available.
Filing for Divorce
In New Jersey, if one spouse refuses to agree to the divorce, the other spouse can still proceed with the process by filing a complaint for divorce in court. Even if one party objects, the court can still grant a divorce if it meets the legal criteria.
The most common grounds for divorce in New Jersey are irreconcilable differences. This no-fault option allows a spouse to file for divorce without needing to prove any form of misconduct. The only requirement is that the couple has been experiencing these differences for at least six months.
Court Process
Once the divorce petition is filed, the non-consenting spouse will be served with divorce papers. At this point, they have the opportunity to respond. If they still refuse the divorce, the case will proceed to court, and a judge will make decisions regarding the terms of the divorce.
In New Jersey, the refusal of one spouse to agree to the divorce does not prevent the divorce from happening. The court is likely to proceed with granting a divorce if the petitioner can prove that the marriage has broken down beyond repair, even if the other spouse does not consent.
Contested vs. Uncontested Divorce
If the spouse who says no to the divorce still refuses to cooperate or does not participate in the legal proceedings, the case will likely become contested. A contested divorce means that the two spouses cannot agree on one or more key issues, and the court will need to intervene to make final decisions.
Separation of Property and Assets
Even when one spouse says no to the divorce, the court will still divide property and assets between the couple. New Jersey follows the principle of equitable distribution, which means that assets and debts are divided fairly but not necessarily equally.
In cases where the spouse refusing the divorce is uncooperative, the court may step in to ensure that property is divided appropriately. The refusal to divorce does not exempt a spouse from dividing marital assets fairly.
Child Custody and Support
In cases involving children, the refusal of one spouse to agree to the divorce does not affect child custody or support decisions. The court will still determine what is in the best interest of the children. Factors such as each parent’s ability to care for the child, the child’s relationship with both parents, and the child’s needs will be considered.
If the refusing spouse is attempting to use the divorce as a bargaining chip for custody or support, the court will make decisions based on what is fair and reasonable for the child.
Duration of the Divorce Process
If one spouse is unwilling to cooperate, the divorce may take longer and may involve more court hearings and legal proceedings. While it is not uncommon for divorces to take several months to finalize, contested divorces, especially when one party refuses to cooperate, can last much longer.
What to Do if Your Spouse Refuses to Divorce
If your spouse is refusing to divorce, here are some key steps to consider:
- Consult with a divorce attorney
- Consider mediation
- Stay calm and patient
If one spouse wants to end the marriage, they can do so, even if the other refuses.
When a Spouse Says No to a Divorce
When a spouse says no to a divorce, it does not necessarily stop the process from proceeding. In New Jersey, you have the right to pursue a divorce through the court system, even if your spouse refuses. Although the process may take longer and become more complicated, the court will ultimately make decisions regarding the division of assets, child custody, and other important matters.
Contact an Experienced Monmouth County Family Attorney at The Law Office of Jennifer J. McCaskill, LLC for More Information on Cohabitation Agreements
If you are interested in obtaining a cohabitation agreement, an experienced lawyer from the Law Office of Jennifer J. McCaskill, LLC can explain the law and how a cohabitation agreement can protect your rights.
To learn more and get the help you deserve, call our divorce & family law firm in Red Bank. NJ at (732) 747-1882 or contact us online today.
You can also visit our law firm at 157 Broad St #111, Red Bank, NJ 07701.
