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Asked 9 months ago - Elizabeth, NJ
FlagMy friend was separated for over 5 yrs and he has 3 children with other woman and he asked the wife that he's going to file a divorce and the wife said she's not going to sign the divorce papers. All the salary went to their joint bank account. The other woman is not getting any money from the salary that the man is receiving every month. The wife knew that he has another woman with kids already. They're got married in NY and they have property in CT. The wife is leaving in CT but the husband is leaving in NJ now with the other woman and with their kids. My friend wants to file a divorce but don't know the other consequences. He needs help.
Yes, you can file for divorce as long as you meet all of the jurisdictional requirements to file in the State of New Jersey. As for the other issues relating to custody, support and distribution of property, those are issues to be determined in the divorce proceedings. The spouse does not need to "sign the papers" since the court process will require her to either settle at some point during the proceedings or have a trial in which the judge would determine an appropriate resolution of the issues. Your friend should consult with an attorney about how to commence this process and his rights and obligations arising out of the divorce proceedings.
This is very often a big concern. one person wants the divorce; the other does not. however, even when one person says that they will not agree to the divorce, it is not something that can be prevented. if your friend wants the divorce, he will be able to obtain one, with or without cooperation form the wife. more information is needed to determine if the divorce complaint would be filed in NJ or CT. if your friends wants to participate in a free consultation with one of the lawyers in my office, please have him call 973-520-8822. Our website is www.wlg.com so that he can become familiar with many aspects of a NJ divorce. There is a wealth of free info on this site. Bari Weinberger
The wife does not need to sign or even agree to a divorce. One has a right to a divorce. The only requirement is that the wife be notified of the impending divorce. This is called "service". It is unusual that after three years your friend has not even had one legal consultation to find out about the divorce procedure.
Your friend really needs to consult with a local attorney to review the rights, options and obligations of all parties involved before taking any further action. Of course, divorce is possible, but exploration of all the related issues and consequences is not possible in this forum. Local attorneys may be found by searching among the profiles here on Avvo. Good luck!
There is a lot going on here. The simple answer is that a person does not need the "consent" -- I'm using that term loosely -- of the other party to obtain a divorce. If the other party/spouse does not want to participate in the divorce, he or she can be "defaulted" out of the case. That said, it seems like there may be some jurisdictional issues that should really be addressed with an attorney.
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