One of the most emotionally challenging things a person can do is file for divorce from their spouse. However, when you can’t locate your spouse, it can complicate the process. There are many reasons why you may not be able to find your spouse, whether you have been separated for so long that you have lost track of one another, or they abandoned you without informing you of where they were headed. You can still get a divorce in New Jersey if your spouse is missing in action, but it can be more complex and less straightforward than if they were present for the process. To learn more and secure skilled legal advice, contact a Morris County, NJ divorce lawyer today.
What is a Diligent Search in NJ Divorce Law?
While you can get a divorce even if your spouse is not reachable, there is a standard that must be met before a court will permit you to proceed. You are expected to put a concerted effort into locating your spouse and serving them with the divorce papers. This effort is known as a diligent search.
A diligent search includes substantial attempts to find your spouse. This can include actions like contacting their family, friends, and colleagues, searching the motor vehicle database, searching military databases, inquiring with the voter registration office, searching social media and other internet sources, or even hiring a private investigator. Only after establishing that you have conducted a thorough search and have done your due diligence will a court permit you to proceed with alternative options.
How Can I Get a Divorce in NJ if My Spouse is Missing?
If you are unable to locate your spouse, you can still proceed with terminating your marriage through a divorce by publication. When it is impossible to serve the other spouse with the divorce papers in person or through the mail because they are absent, Rule 4:4-5 of the NJ Rules of Court allows for service by publication.
Once it has been established that you made a significant effort to locate your spouse but were unable to find and contact them, the court may require you to publish notice of your intent to divorce in a newspaper local to your spouse’s last known residence. You must post the notice for three consecutive weeks.
If your spouse fails to see the paper or file an official response, the court has the authority to grant a default judgment without your spouse’s knowledge or permission. The process of granting a default divorce can be complex, especially for issues like alimony and property division, as these decisions require financial information from both parties. However, with the help of a skilled attorney, you can ensure your rights are protected and you are granted a divorce even without your spouse being present.
Reach out to a family lawyer at Townsend, Tomaio & Newmark today for more information and legal advice.
