What Happens If My Spouse Won’t Agree To A Divorce?

Peter Paras, a family lawyer in Red Bank, answers:

Spouses do not have to agree to a divorce under modern laws. The party seeking the divorce must file his/her complaint and prove his/her case. It is very uncommon for a spouse to contest the grounds for divorce simply to prevent the dissolution of the marriage. In some cases, the parties’ marital status may affect other issues, so contesting the divorce itself could conceivably affect those issues. However, those cases are rare and generally involve very unusual fact patterns. In today’s modern society, anyone who wants a divorce can generally get one with or without his/her spouse’s cooperation.

Peter Paras is a New Jersey divorce lawyer and name partner in the family law firm of Paras, Apy & Reiss, P.C. in Red Bank, NJ. He is also a past member of Divorce Magazine’s Advisory Board.