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Can You Obtain a Divorce Without Locating Your Spouse?
If you’ve made the difficult decision to dissolve your marriage, the process can become significantly more complex if your spouse cannot be located to receive service of process. Under these circumstances, it’s crucial to understand the alternative methods New Jersey courts allow. Please continue reading to learn how courts handle service of process when a spouse cannot be found, and why consulting with an experienced Ocean County Divorce Attorney is crucial for navigating your legal options.
Do You Have to Serve Divorce Papers in New Jersey?
When you file for divorce in New Jersey, service of process is required. New Jersey courts require this because it ensures the other spouse is notified about the divorce action and allows them to respond. If you fail to serve divorce papers, the case generally cannot proceed. You must attempt proper service. Nevertheless, there are certain exceptions when spouses cannot be located.
What Happens If My Spouse is Missing?
If your spouse cannot be found, you are burdened with proving to the court that you’ve made diligent efforts to locate them. To satisfy court requirements, you must take the following steps:
- Interrogating relatives, friends, and former employers about their whereabouts
- Scrutinizing social media platforms and public records databases
- Attempting physical service at the last known address
Once you’ve made diligent efforts to locate them, you can file a motion asking the court to allow alternative service, such as service by publication. This requires publishing notice of the divorce in a newspaper near their last known residence for three consecutive weeks. The court may also allow service by mail, through email, social media, or through a third-party.
Can You Still Get a Divorce If Your Spouse Cannot Be Located?
If your spouse fails to respond, you can pursue a default judgment. New Jersey courts can grant a divorce despite one party not participating. A default judgment is usually appropriate after the 30-day response window has passed. The judge will typically make their judgment based solely on the petitioner’s requests, as long as they are reasonable. By failing to respond, the other party relinquishes their right to contest the terms outlined in the divorce petition. This means they won’t be able to contest property division, alimony, or custody.
How Can an Attorney Help?
At the Law Office of Sarina Gianna, LLC, we are prepared to help you perform a diligent search, file a “Motion for Alternative Service,” and secure a divorce through a default judgment. Even though you cannot locate your spouse, this doesn’t prevent you from dissolving your marriage in New Jersey. Our legal team can help you move on to the next chapter of your life. Connect with our firm today to schedule a consultation.