I frequently meet with people who have had a divorce “forced” upon them. They are not the party initiating the divorce proceedings and may not even want a divorce or see the need for a divorce. Virtually all of them ask me if there is anything that can be done to stop the proceedings or prevent the divorce from happening. My answer, which almost always disappoints them, is that no, there is really nothing that can be done to stop a divorce if one party really wants one.
If there are procedural irregularities such as a failure to establish jurisdiction in New Jersey or of the case was improperly filed in the wrong venue (the incorrect county) there are steps that can be taken to correct the errors. But once corrected, the case will proceed.
It is important to know that a divorce case can be initiated, proceed, and be concluded WITHOUT the participation of the reluctant spouse provided that the proper steps have been followed. Do not simply ignore the Complaint that has been served upon you, letters from your spouse’s attorney or notices from the Court. Turning a blind eye could result in having you held in default and this can place your rights and interests in jeopardy.
It is easy to become overwhelmed during a divorce – particularly if it is a divorce you did not want. Relying on an experienced divorce attorney can help you navigate the process and protect your rights.
