Do I need my spouse’s consent to get a divorce in New Jersey?

Many people are under the belief that in order to get a divorce in New Jersey you need to have your spouse’s consent to either begin the divorce proceedings or have it finalized by the court.  This misconception is simply not true.  While a divorce in New Jersey may take longer and cost you a greater amount of money to complete, your soon to be ex-spouse cannot block the proceedings as many people seem to believe.

If your spouse does not agree to a divorce, you can still begin the legal proceedings without their consent.  If you are in this situation, it is important to consult with a lawyer, as they’ll be able to assist you in getting your divorce in New Jersey.  If your spouse refuses the legal paperwork that you have initiated, the proceedings will still continue and be legally binding.

Some people believe that the fact that your spouse doesn’t want a divorce negates irreconcilable differences as grounds for divorce in New Jersey.  This is not accurate.  You have the right to select irreconcilable difference as your grounds for divorce if there has been a breakdown of the relationship for a period of at least six months.

With one unwilling party in the proceedings for divorce in New Jersey, matters may become quite adversarial.  This can cause disputes regarding the  division of assets, support terms, and child custody and visitation issues.  Arriving at a quick and easy resolution on  the issues between you and your spouse may be unlikely if one party does not want the divorce so be prepared for the financial and emotional drain that the divorce proceedings may create.