Ordinarily, couples who decide to work with a New Jersey divorce attorney do so because they both agree that a divorce is the best option for their situations. They’ve identified irreconcilable differences or one partner committed an act that the other partner simply can’t forgive. Whatever the reason, the divorce typically proceeds with both parties.
But sometimes, one partner may not believe that filing for a divorce is the right move. So, what happens when you’re ready for a divorce but your partner doesn’t agree? Here’s what you need to know.
Spouses Can’t Refuse a Divorce in New Jersey
Under New Jersey law, spouses can’t refuse a divorce, regardless of how much they disagree with the filing. You’re free to file for divorce if you meet the following requirements:
- You can prove an irreconcilable difference exists.
- You meet the residency requirements.
- You’ve filed for divorce with the appropriate court.
Your spouse doesn’t need to respond to your filing or sign any papers as long as you can meet these requirements. If you’re not sure if you’re eligible to pursue divorce in New Jersey, speak with a New Jersey divorce attorney. They can review your situation and help you decide on the best next steps.
How Your Spouse May Respond
Though your spouse doesn’t have to respond or agree with your decision to file, many can and will respond in one of three ways. Here are the most common responses divorce attorneys see in situations like these.
They May Not Respond at All
If your spouse is truly against the divorce, they may choose to ignore the filing entirely. This puts the burden of coming up with a fair settlement on the court. And the court must make their determination based on the evidence you provide rather than hearing your spouse’s arguments.
The settlement rendered in these cases is rarely beneficial to the spouse who doesn’t respond. After all, they weren’t present to represent themselves or argue for certain assets like your family home or terms. The court has limited information available and has to make a determination without understanding the full story.
They Could Become Aggressive
Some spouses may decide to retaliate by hiring the most aggressive attorney they can find. The goal of their divorce attorney is to get your spouse a settlement that benefits them and puts you at a severe disadvantage.
This can make the court process more contentious and puts the burden on you and your attorney to present your case as thoroughly as possible. The court will take into consideration your spouse’s side of the story, but they’ll give equal consideration to your side of things, too.
In some situations, spouses may choose to work with a more aggressive attorney in the hopes of the divorce being called off. They think that pushing for extreme settlements will convince their spouse to give up and give the marriage another shot. Though this has happened before, it often ends up in another divorce proceeding later on.
They May Decide to Participate
Even if a spouse disagrees with the divorce, they may choose to participate as normal in the hopes of making their lives as comfortable as possible. These responses can be fraught with emotion, but typically follow a more traditional divorce proceeding than other responses.
This is good news for all parties involved. It gives you a chance to reach a truly fair settlement that works in your best interest and your spouse’s.
The Sooner You Speak to an Attorney, the Better
If you’re thinking of filing for divorce, whether you think your spouse will agree or not, the sooner you can speak with a New Jersey divorce attorney, the better off you’ll be. Your attorney will help you draft the filing and ensure that everything is processed as quickly as possible. Contact Carvajal Law to schedule a free consultation today.