One of the most important aspects of divorce law is the requirement that both spouses are informed and given the chance to argue for the outcome that they believe is right and justified. But what happens when one spouse can’t be found? You may be concerned about whether you can be granted a divorce if you can’t locate your spouse and your legal options during the process. To learn more and secure skilled advice, work with a knowledgeable Bergen County divorce lawyer today.
Can I Get a Divorce in NJ if I Can’t Locate My Spouse?
When you file for divorce in New Jersey, you are required to submit an official Complaint for Divorce and a summons to the local court. One of the first steps you must take to initiate divorce proceedings is to serve your spouse with these documents. This means presenting them with the papers in person or through the mail to inform them of your intent to get divorced and give them the opportunity to either accept or contest the terms.
But how do you serve your spouse with divorce papers if you can’t find them? While more complex, it is still possible to be granted a divorce even if you cannot locate your spouse to inform them of the proceedings. This is generally done via divorce by publication.
What is Divorce by Publication?
4:4-5 of the NJ Rules of Court outline the various ways that a spouse can be served with divorce papers. Spouses are generally served in person or through the mail, but if they cannot be found, then there is an alternative service, where the filing spouse publishes the information in the newspaper.
The information must include a notice of your intent to get divorced. It must be published for three consecutive weeks to give your spouse the opportunity to see the notice or be informed by another person. If they do not respond to the notice, the court can grant a default judgment.
Can I Be Granted a Divorce by Publication?
The only way that an NJ court will permit this type of divorce is if there is genuinely no way to contact your spouse. Before being granted a default divorce by publication, you must prove that you made a significant effort to locate and inform your spouse of the proceedings. Diligent efforts include:
- Contacting your spouse’s friends, relatives, and colleagues
- Checking at last known residences and places of employment
- Checking motor vehicle databases
- Checking each branch of the military
- Checking voter registration information
- Hiring a private investigator
Once you have tried and failed to locate your spouse, reach out to the court to request a default judgment. If it is determined that you did your due diligence but were unable to find your spouse, you may be permitted to proceed with the publication.
For more information, reach out to an experienced attorney today.
