New Jersey Info

New Jersey Divorce Start Your Divorce Find Professionals New Jersey Articles Divorce Facts Divorce Grounds Residency Divorce Laws Mediation/Counseling Divorce Process Legal Separation Annulments Property Division Alimony Child Custody Child Support Divorce Forms Process Service Grandparent Rights Forum New Jersey Products Divorce by County

New Jersey Articles

Agreements Attorney Relationship Custody & Visitation Child Support Collaborative Law Counseling Divorce/General Domestic Abuse Domestic Partnership Financial Planning Foreign Divorce Mediation Parenting Property Division Spousal Support SEE ALL

Info Categories

Contemplating Divorce Children & Divorce Divorce, Dollars & Debt Divorce Laws Divorce Process Divorce Negotiation SEE ALL

More Information

Articles Checklists Research Center Cases of Interest Dictionary Encyclopedia Encyclopedia (pop-up) Blogs

For Professionals

Advertise With Us Free Network Page Join Our Network Submit Articles Case Management Sign In

Network Sites

New Jersey Divorce Support New Jersey Divorce Online

Blocking a Divorce
I can't stand my wife anymore and I want to get a divorce. Is there any way that my wife can block the divorce?

A prevailing "myth" that I often come across is that you need your spouse's consent to get a divorce. I am repeatedly surprised by the number of people who mistakenly believe your spouse's consent is required to get a divorce. This myth comes in many varying forms. The first common myth is that you can't get a divorce unless your spouse agrees to one. The second common myth is that you can't start the divorce process unless your spouse accepts the divorce legal paperwork. Finally, the third common myth is that you can't get a divorce unless your spouse signs the final divorce judgment. In New Jersey, all three of these misconceptions are myths and are simply not true! While your divorce may take longer and cost you more in legal fess if your spouse objects to it, your spouse simply can't stop you from divorcing her. If you truly want out of the marriage, and if you follow the correct divorce procedure, and if you file the necessary legal paperwork, then your wife can stop the divorce. In short, you can divorce your wife whether she likes it or not.

The above myths are misleading for several reasons. First, New Jersey is a "no fault" divorce state. This basically means that you don't have to prove any type of wrongdoing to get a divorce. All you have to prove is that you have "irreconcilable differences." The fact that you want a divorce and your spouse doesn't want one can be considered an "irreconcilable difference." Therefore, when someone objects to a divorce, the only legal rights she has are dispute the terms of the divorce. These terms may include custody, parenting time, equitable distribution. However, your wife can't dispute the divorce itself.

Can my wife block the divorce by not accepting service of the divorce legal paperwork?

No, your wife can try to drag out the divorce case, and slow down your case. However, ultimately your wife cannot block your divorce by not accepting service of the legal paperwork. To start a divorce case, New Jersey law requires you to serve your spouse with a summons and a divorce complaint. Your spouse can voluntarily accept the divorce complaint, or you can serve your spouse without her consent. If your spouse tries to avoid accepting service, then you can file a motion to obtain permission from the court to allow for "alternative service." If you are granted the permission to have alternative service, then you will be permitted to serve your spouse by mailing the divorce papers by regular or certified mail. Meanwhile, if you have lost contact with your spouse, and if you don't know where she lives, then you may be able to obtain court permission to permit you to serve your wife by publication. Basically, this means that you can publish a summary of the complaint in the classified section of your local newspaper. Once it is published then you will obtain an affidavit of publication from the newspaper. Once you file this affidavit of publication with the clerk's office then this constitutes valid service. Unfortunately, you are required to file a motion to request permission to obtain service via publication. This can be a confusing and arduous task for pro se filers.

Does my wife has to sign the final divorce judge for it to be approved by the court?

Finally, your wife does not have to sign the final divorce judgment for it to be approved by the court. If your spouse won't cooperate, then you can still obtain a divorce by applying for a default. To apply for a default you will be required to submit a form called a request to enter default and sign a form that certifies that your spouse is not in the military service. If you have children and assets that you acquired during the marriage, then you have to also file a notice of equitable distribution with the court. Once these legal papers are filed, then the court will schedule a short hearing for your case. At this hearing, then the court will hear your case. Your spouse must receive notice of this court date. At this hearing, the court will decide your case, or attempt to convince the parties to reach a settlement.

In summary, if you are considering filing for divorce, and if your spouse tells you that you can't get divorced without her permission, then you should immediately consult with a family law lawyer. There is no New Jersey law that can stop you from getting a divorce. Your wife simply is feeding you wrong information to try to dissuade you from filing.


Was this helpful? Like our site & let us know.

Related Articles


Start New Jersey Divorce Start Your New Jersey Online Divorce Today
Easy, Fast and Affordable with a 100% Guarantee.
New Jersey Divorce Find New Jersey Divorce Professionals in Your Area:
Join the Network
New Jersey Divorce Products, Services and Solutions New Jersey Divorce Products, Services and Solutions
New Jersey Divorce Resources to Help You Through the Process.
Online Parenting Class New Jersey Mandatory Online Parenting Class
Easy and convenient - complete at your own pace online.
Divorce and Custody Books Discount Divorce Bookstore
Over 100 Titles of the Best Books on Divorce & Custody.
Divorce Downloads Divorce Download Center
Instantly Download, Books, Manuals, & Forms.
Divorce Worksheet Free New Jersey Divorce Worksheet & Separation Agreement
Your Guide to Get Organized and Put Everything in Writing.
   
New Jersey is an equitable distribution state, meaning that the division of property in a divorce is to be done fairly, not necessarily equally. The court can take into consideration any factor it deems relevant when dividing property, but it must consider certain factors, such as how long the couple was married and the age and health of both spouses, the income or property brought to the marriage by each spouse, the standard of living that was achieved during the marriage, and the extent to which one spouse may have deferred career goals, among others.
Divorce Lawyers & Mediators
 

Find Professionals

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code:

 

Start Your Divorce File for a New Jersey Divorce

 

Settle Your Divorce Negotiate Your New Jersey Divorce

 

Support Forum New Jersey Support Forum

Children In Between - Online Parenting Class


FEATURED TOOL - The Divorce Encyclopedia IPhone App (Search 1000 terms from A-Z)

Guarantee Official PayPal Seal Facebook Twitter Versign Secure Site
Limited Offer Women's Rights Manual For Divorce
Cover Price: $55.95
Your Price: $29.95
You Save: $26.00

"The Absolute Best Investment in Your Divorce"

Men's Rights Manual For Divorce
Cover Price: $55.95
Your Price: $29.95
You Save: $26.00

"Uncover Your Options and Unleash Solutions"