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How Can I Divorce if I Can’t Locate My Spouse?
Divorce is never easy. However, it’s much more challenging when one spouse cannot be located to serve them divorce papers. Getting a divorce when you can’t find your spouse can be challenging, but it’s doable when you take certain steps. Please continue reading to learn how you can file for divorce when you don’t know your spouse’s location and why connecting with a determined Ocean County Divorce Attorney is in your best interest.
Can I File for Divorce Without Knowing My Spouse’s Location?
In the past, the law required both parties to agree to divorce before the court could dissolve a marriage. Today, however, it’s possible to file for divorce even if you don’t know where your spouse is. However, you can’t get a divorce without at least attempting to formally notify your spouse about the impending legal proceedings. In New Jersey, a spouse is entitled to file for divorce without the other’s involvement or approval.
If you are unable to locate your spouse to serve them with a complaint for divorce, you must prove that you attempted to provide the divorce complaint to their last-known address and have consistently searched for their whereabouts. If you can’t find your spouse, you may ask the court to use an alternative method of service, such as publication in a newspaper. Generally, you must show that you have conducted a diligent search by trying to serve your spouse at least three times before asking for alternative service.
After you have completed the steps required to serve your spouse, you can request a default judgment. If your spouse doesn’t file a response, you can ask the court to process your case without your spouse’s input. The court may grant the divorce and enter the orders requested in the divorce petition so long as they are deemed fair and practical given the circumstances of the case. If you have children, the court will use New Jersey’s best interest standards to determine custody and child support. Once the court grants a request for a default divorce, they can issue the final divorce decree. It’s important to understand that a default divorce is just as valid and legally binding as any other type of divorce.
Should I Consult an Attorney?
Divorce can be an overwhelming process, especially if you can’t locate your spouse. To move forward with your divorce, it’s in your best interest to contact a determined Ocean County divorce attorney who can help you navigate the complexities of this situation. Seeking professional guidance can help ensure a more favorable resolution. At the Law Office of Sarina Gianna, LLC, we are prepared to protect your interests. Connect with our firm today to discuss your case.