Can I Obtain a Divorce Without My Spouse’s Signature in New Jersey?
Posted June 26th, 2025.
Categories: Blog.
If you are attempting to end your marriage and are concerned about the lack of consent from your spouse, it is important that you understand your legal rights and options. Continue reading and work with a Cherry Hill no-fault divorce attorney to learn how you can end your marriage without your spouse’s signature.
Can I Obtain a Divorce Without My Spouse’s Signature in NJ?
Yes, you can obtain a divorce with or without your spouse’s signature or consent, given that certain circumstances apply. It is important to note, however, that according to NJ state law, you cannot attempt to hide your intent to get divorced.
In New Jersey, you can get a divorce without your spouse’s signature by filing a no-fault divorce or a divorce by publication.
What is a No-Fault Divorce?
New Jersey is a hybrid divorce state which means that spouses can file either fault-based or no-fault divorces. In a fault-based divorce, the filing spouse states that the reason the marriage is not working is because of the other spouse’s actions. The filing spouse will have to provide evidence to the court as to what the fault-based grounds are.
In a no-fault divorce, however, the filing spouse only needs to state that there has been an irretrievable breakdown of the marriage due to irreconcilable differences. When you file for a no-fault divorce in New Jersey, you are required to have the Complaint for Divorce and associated papers served to your spouse. These papers will outline the desires you have regarding the outcome of property division, debt allocation, alimony, child custody, child support, and any other relevant topics.
Your spouse has 35 days to file an official response to the divorce papers, either agreeing with the outlined terms or contesting one or more issues. If your spouse fails to respond, they forfeit their right to contest the divorce, and the court has the authority to grant a default divorce without their signature.
What is a Divorce By Publication?
The other way that you can get a divorce without your spouse’s signature is if you cannot find your spouse. Depending on the circumstances of your relationship you may have been living apart for a long time and lost track of each other, or your spouse could have abandoned you with no indication of where they were going. If you cannot locate your spouse then it is impossible to serve them with divorce papers.
Instead, you can file for a divorce by publication. You first must make a significant effort to find your spouse including contacting friends, family, employers, last known residences, and more. If the court agrees that your efforts were significant but it is impossible to locate your spouse, they will order you to publish your intent to terminate your marriage in the newspaper. You must have the notice published for at least 21 days. If your spouse does not respond, the court can issue you the divorce without their signature.
It is important that you are apprised of all of your legal rights and options during your divorce. Consult with an experienced attorney for more information and representation today.
