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When it comes to getting a divorce, the most ideal situation would be that you and your spouse remain amicable throughout the whole process. But we understand that this may be close to impossible to accomplish and that your spouse’s behavior may be completely out of your control. This is when your attorney may need to step in. Continue reading to learn how you can finalize your divorce if your former spouse will not cooperate and how an experienced Bergen County divorce attorney at McNerney & McAuliffe can help you make a breakthrough.

How can I finalize my divorce if my spouse will not cooperate?

Your spouse may not want to get a divorce in the first place. Or, you may not be on speaking terms, so they are ultimately resistant to working through this process together. Regardless of what your specific circumstances may be, overall you may be having trouble with getting your spouse to comply with the first step of the divorce process, which is signing an acknowledgment of receiving your petition.

Rest assured, there are ways to break through this initial roadblock, one of them being a true default divorce. For the New Jersey family court to grant you a true default divorce, you may have to prove the following as true:

  • You may have to prove that you made a reasonable effect to serve your spouse with divorce papers (i.e., mail delivery receipts, affidavits from the process server, etc).
  • You may have to prove that your spouse is continuously refusing to acknowledge the receipt of your divorce papers (i.e., no signature, no response to your communication efforts, etc).
  • You may have to prove that you have waited the prerequisite amount of time for a response (i.e., within 35 days of filing and serving the divorce papers).

How else can I get my spouse to be agreeable during my divorce process?

Even if your spouse agrees to respond to your divorce petition, they may delay your divorce process in other ways. For one, they may constantly request court extensions or even fail to appear in court.

In a situation like this, it may be in your best interest to have a conversation with your spouse. This may be done through counsel if you are your spouse are not particularly speaking with each other anymore. But in the end, this may allow you to understand their reasoning for being resistant and you may work toward a resolution that you are both comfortable with.

We understand that this is easier said than done. But there is no time like the present when it comes to getting your divorce case in order. So pick up the phone and call a skilled Bergen County family law attorney from McNerney & McAuliffe today. We are looking forward to it.

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