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What to do when one spouse refuses to divorce 

On Behalf of | May 27, 2026 | Divorce |

A divorce is already stressful, and the process can become even more difficult when one spouse avoids communication and delays the process in an attempt to gain leverage. In reality, it makes things even more expensive and often increases conflict and legal challenges.

Although these actions may delay the case, they usually do not prevent the divorce from continuing through the legal process. Judges have the authority to enforce the deadlines, request documents and make a decision based on the information available.

What this means during a divorce 

A spouse may refuse to respond to the court notice, fail to respond to the divorce filing, avoid financial disclosures and intentionally try to delay the divorce negotiations.

In some cases, one spouse might intentionally delay court proceedings to pressure the other party into accepting certain terms. 

Ways to keep the divorce process on track

When a spouse is not cooperating, it is very important to stay organized, keep calm and take practical steps such as:

  • Save text messages, emails, financial records and court documents
  • Respond to all court notices and legal requests
  • Avoid emotional confrontations that could increase conflict
  • Work with an attorney when the spouse refuses to provide the financial information or requested documents
  • Understand disagreements over property division, child custody and child support
  • Be prepared for additional court hearings if the disagreement continues

Courts may intervene if child custody or support issues are used to delay the process. Although delays can be frustrating, staying prepared and informed could help prevent unnecessary complications later in the case. 

Dealing with a non-cooperative spouse

A spouse’s refusal to cooperate may make the divorce more stressful, but that does not mean the process will come to a stop. New Jersey courts have ways to address delays and non-cooperative parties. Legal guidance can make a significant difference in protecting one’s interests and in keeping the case moving forward.