Filing for divorce is a difficult process emotionally, but it can become even more complex if your spouse cannot be located. Whether your spouse deserted you or you have simply been separated for so long that you lost track of them, getting a divorce when your spouse is missing can be complicated. However, it is possible through a divorce by publication. For more information and to secure skilled advice during your case, reach out to an experienced Sparta divorce attorney today.
Can I Get a Divorce if My Spouse is Missing in NJ?
Yes, you can still get a divorce if your spouse is missing in New Jersey. However, before the court will allow you to proceed, you must demonstrate that you have made a significant effort to locate them. The court expects you to use all available resources to find your spouse, including the following.
- Contacting friends, family members, or known colleagues
- Utilizing the last known addresses of homes or employers
- Searching public records like motor vehicle databases and voter registrations
- Searching social media
- Hiring a private investigator
These actions prove due diligence in searching for your spouse. If your efforts are unsuccessful, you will be required to provide a written statement to the court outlining the steps you took to locate them. If the court finds that your efforts were sufficient, the judge may proceed with the case and issue a divorce by publication.
What is a Divorce by Publication?
If your spouse cannot be found despite your efforts, the court may grant you permission to serve the divorce papers by publication, per the Rules of the Court 4:4-5. This means that you are required to publish a notice in a court-approved newspaper active in the area where your spouse’s last known address is.
The notice should outline your intent to get divorced. It must be published at least once a week for three consecutive weeks to fulfill the court’s requirement. If your spouse does not see the notice and respond within the set time frame (generally 30 to 35 days), the court is authorized to grant a default judgment and issue the final divorce decree.
A default divorce can be complex, as certain relief requests may not be possible without locating the other spouse. For example, the division of property and alimony requires proof of income and other financial information. There may need to be additional hearings to decide how to grant relief.
If you cannot locate your spouse and have questions or concerns about your legal rights and options, it is important that you secure skilled legal representation. Reach out to an experienced attorney at Paris P. Eliades Law Firm, LLC to discuss your case today.