Your spouse can’t trap you in a marriage by refusing to sign divorce papers. New Jersey doesn’t allow that, and the state doesn’t require both people to agree for the process to continue. So, if your husband or wife drags their feet or says no to divorcing, you can still legally split.
In fact, you don’t even need your spouse’s signature. There is no form your spouse has to sign to “let” you divorce them. Also, NJ is a no-fault state, which means one person can end the marriage any time they want to on the grounds of irreconcilable differences.
Irreconcilable Differences in New Jersey Divorce
Under NJSA 2A:34-2, you can file on the grounds that the marriage has broken down beyond repair for at least six months with no chance of fixing it. This is called irreconcilable differences, and it doesn’t require you to prove your spouse did something wrong. It also means they don’t get a vote on whether divorce is granted.
Signing Papers in a No-Fault Divorce
When people say, “sign the papers,” they’re usually referring to a settlement agreement regarding marital property, child support, child custody, or alimony. But refusing to sign the settlement agreement can’t stop the divorce in its tracks, and that’s where a divorce attorney steps in.
Experienced attorneys know how NJ divorces work, how timelines play out, and what your next moves should be. For example, the clock starts ticking the moment you file your Complaint for Divorce and have your spouse served. Then, they have 35 days to respond. If they do nothing or refuse to sign, the courts can rule by default.
A default divorce settlement means the judge grants the divorce regardless of who did or didn’t sign it or respond. The judge also decides any open issues without your spouse’s input or rebuttal. Therefore, their silence and refusal to sign doesn’t block you from moving on with your life. In some cases, a default judgment can make the process simpler and less expensive.
When Spouses Fight Divorce
Some spouses make the process easier by refusing to file an answer on time. Others fight you every step of the way. They may argue over who gets the children, family home, or other property. And they can turn what could have been a streamlined process into a contested divorce.
But contested doesn’t mean cancelled. It means contentious and complicated. It also means the judge gets final say on issues you and your spouse can’t agree on. Use the many off-ramps available to you, such as divorce settlement panels and mediation. Not only can these tools help you reach a settlement before court, but they can also save time and money.
Filing for Divorce in New Jersey
Your spouse’s stubbornness can’t keep you tied down forever. You have legal support when you need it at Hand & Toker Family Law. Filing for divorce in New Jersey follows a step-by-step process, and it continues whether your spouse likes it or not.
Here are the only criteria you’re bound to:
- The Complaint for Divorce must be filed in the county where you or your spouse lives.
- One of you has to have lived in NJ for at least one year prior to filing.
- Your spouse must be formally served divorce papers, not given to them privately in a moment of passion.
- The timeline starts when your spouse officially receives their service.
If your spouse is avoiding you or is nowhere to be found, don’t panic. New Jersey courts allow other methods of service besides in-person, including certified mail and service by publication. Talk to your divorce attorney to learn more.
Next Steps
Your life doesn’t have to stop because of your spouse’s refusal to sign divorce papers. While you wait for the process to play out, keep living as you always have and begin collecting evidence to support your claims and position. Hold onto financial documents regarding assets, liabilities, and debts.
In the meantime, don’t move money around, close or hide accounts, or make significant changes to shared property or standing agreements. Don’t read too much into your spouse’s behavior or let it trigger you. Consult a therapist if needed, and contact Hand & Toker for the legal help you deserve.
What to Remember
A spouse who won’t sign the divorce agreement can’t keep you stuck in a marriage in New Jersey. One person can end the relationship for any reason under the state’s no-fault divorce law. And if your spouse ignores you for too long after they’re served, the judge can rule in your favor.
The case keeps moving no matter what your spouse does or doesn’t do. So, file soon and file correctly with personalized legal support. Avoid making rash decisions and bold moves at this time. And remember that their refusal changes the path you choose, not where it ends.