Yes/No Your Spouse Has To Sign The Divorce Papers in NJ...... By Santo Artusa on July 28, 2020

Yes/No You Need Your Spouse for Signing The Divorce Papers in New Jersey......

As a divorce lawyer in New Jersey, I know To end the case faster you do need him or her to sign. If your spouse signs the divorce papers you will not have to wait the 35 days to respond. After the signature of the acknowledgment of service and waiver of relief, you can then move forward to a default hearing in the Hudson County Family Court or Essex County Family Court or wherever you may have filed. So if your spouse will refuse to sign or has not responded after he or she has been served with the divorce summons and complaint in New Jersey, you can move to complete your case. You will need to submit certain documents and a proposed final judgment of divorce.

With a New Jersey divorce attorney, you can obtain a divorce on the papers or non-appearance meaning you will not have to go to the New Jersey Superior Court Family Part to finish the case. We know how to do this, many divorce lawyers in NJ do not know how. It is important to know that if your spouse tries to answer the complaint after 35 days, he or she must try to vacate default. We also have experience in handling matters that need to vacate a default. Vacating defaults are usually allowed so that the other party can participate but there must be good reason to do so. If we work with you we will try to complete the case before your spouse tries to vacate default with a responsive pleading. If your spouse files an answer that means he or she wants to contest a divorce in NJ. While he or she may agree with the divorce or dissolution of the marriage, your spouse may not agree with the proposed terms.

So if your spouse will not sign or has not responded, you need to submit the necessary documents for the default divorce. Your case will then be scheduled before a family court judge in Hudson County or Essex County, Passaic County, Middlesex County or anywhere in the state of New Jersey that you filed for divorce. I used those counties as I practice heavily in those vicinages.

So to obtain a divorce in New Jersey, you do not need your spouse to sign, it only makes the divorce process and legal process faster. If your spouse does end up responding and trying to vacate the default, do not lose hope you will eventually obtain your goal and finish your divorce case. At any time in the case you can enter into a settlement agreement and submit that to the Judge and your case will be done (once Judge signs judgment).

If you want to file for divorce, contest a divorce or now need a divorce lawyer in NJ, contact my team in our Jersey City or Passaic Office on 973-337-9643.



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Santo V. Artusa, Jr.

Santo V. Artusa, Jr.

Since 2009, Mr. Artusa has dedicated his career to representing clients in and near Jersey City in family law and criminal cases. He is a skilled negotiator and litigator who has received a range of prestigious recognitions, including:

  • The National Trial Lawyers Top 100
  • Avvo 10.0 Superb Rating
  • Client Distinction Award 2015

For more information about our legal services, contact our office online or call (973) 337-9643 today.

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