Does my spouse have to sign for a divorce in New Jersey?

No. They only have to be served with the papers. If they don't answer within 35 days, you can ask for a default.

How long does it take if my spouse won't respond?

Add the 35-day answer window to the usual timeline. If serving your spouse is hard, that is the main delay.

What if I don't know where my spouse is?

You must search first (relatives, last employer, post office, motor vehicles) and describe the search in a sworn statement. Then the court can allow notice by publication in a newspaper.

What if my spouse is in the military?

Before a default, you file an affidavit about their military status. A servicemember can ask the court to pause the case.

Tri State Community Services LLCNewark, NJ · Se habla español

Main Office

1299 McCarter Highway (Route 21)
Newark, NJ 07104

(973) 643-0889

UNCONTESTED

$399 DIVORCE + Court Fee

Spouse's Signature Not Needed

Secondary Office

65 Walnut Street (Behind Prudential Center)
Newark, NJ 07102

(973) 732-7727

My spouse won't sign the divorce papers in NJ. What now?

Short answer

Your spouse does not have to sign or agree for a New Jersey divorce. They only have to be served. If they don't respond within 35 days, you can ask the court to go ahead without them (a default).

What is your spouse doing?

1File your papers as usual. Their signature is not needed to start.
2Have the papers handed to them by the county sheriff or any adult who is not part of the case.
3Wait 35 days. No answer means you can ask for a default and finish the divorce.

Mailing the papers only counts if your spouse answers. For a default, the papers must be handed to them or left at their home with an adult who lives there. Find your county sheriff

Can they stop the divorce by refusing?

No. Irreconcilable differences only needs the marriage to be broken for 6 months with no reasonable chance of getting back together. If your spouse answers and disagrees on custody, support or property, the case becomes contested and the court helps settle those parts.

Contested vs uncontested

Papers we add when your spouse won't sign

Letter to the Sheriff's Office
Request to Enter Default
Non-Military Affidavit
Certification for divorce on the papers

See all the forms

Common questions

Your spouse won't sign? We still prepare everything.

Walk in at either Newark office. Mon–Fri 10am–5pm, Sat 10am–1pm.

Call (973) 643-0889 Get directions

Sources: N.J.S.A. 2A:34-2; R. 4:4-3; R. 4:4-4; R. 4:4-5; R. 4:6-1; R. 4:43-1; NJ Courts form CN 12620; 50 U.S.C. § 3931; U.S. State Department, service abroad. General information, not legal advice.