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Can My Divorce Be Finalized Even If My Spouse Does Not Agree?

Divorce is a difficult process, and the situation becomes even more complicated when one spouse does not agree with the other about ending their marriage. While this can be an emotional and overwhelming experience, it is possible to still obtain a divorce in New Jersey, even if your spouse disagrees. Here’s what you need to know.

Filing for Divorce

You can pursue a divorce in two ways if your spouse does not agree to the dissolution of your marriage.

No-Fault Divorce

In order for a divorce to be finalized in New Jersey when one spouse does not agree, you must prove that there are irreconcilable differences between the two of you. This means that there are certain aspects of your marriage that cannot be resolved, and the issues have been present for at least six months or longer.

You will also need to provide proof of these irreconcilable differences in court. To do so, you may need evidence such as emails, text messages, photographs, or witness testimonies. Once this has been established through court proceedings, you and your former spouse can then move forward with negotiating any financial agreements related to alimony or child support payments and custody rights.

Fault-Based Divorce

An alternative route would be to file a fault-based divorce instead. This type of divorce needs to show that one person’s behavior caused the marriage breakdown—such as adultery—in order for it to be granted by the state of New Jersey.

While there is a heavier burden of proof, a fault-based divorce can prove to the court why the divorce should be granted, even if one party objects.

Prepared to Help, Every Step of the Way

Seeking a divorce can be difficult, especially if your spouse does not wish to stay together. If you or a loved one believes that your marriage is irretrievably broken and that you must exit your marriage, our divorce attorneys can help you make this big step.

Are you considering a divorce? Schedule a consultation with a member of our team today by calling our firm at (888) 224-1218.