How Can I Divorce My Spouse if I Can’t Locate Them?
The divorce process in New Jersey is often simpler than in other states, as there is no required waiting period and limited hoops to jump through. However, individual circumstances can delay the process and cause complications. If you can’t locate your spouse, you may be questioning whether you have the ability to file for divorce and what your legal options look like. It is important to understand your rights during this time. Secure skilled representation from a knowledgeable Morristown, New Jersey divorce attorney today.
Can I Get a Divorce Without My Spouse Present?
Yes, while more complex, it is possible to get a divorce without your spouse present. In most cases, a couple lives together or nearby if they have separated, and have contact with one another about shared children, property, etc. When it comes time to file for divorce, the plaintiff (filing spouse) must serve the defendant (receiving spouse) with the official Complaint and summons.
However, there may be times when the plaintiff is unable to find or contact their spouse. Whether one spouse abandoned the other, disappeared, or they have simply been separated for so long that they have lost all contact with each other, being unable to locate the defendant can make it impossible to serve them with papers. However, there are alternative ways to get a divorce.
How Can I Divorce My Spouse if I Can’t Locate Them?
If you cannot locate your spouse to serve them with divorce papers, you can request a default judgment, where the court issues the divorce without the other spouse’s response or input. However, you must first demonstrate that you made a significant effort to find and contact your spouse. This can be done through social media, motor vehicle records, military branches, voter registration information, private investigators, or contacting relatives, friends, and family members.
If the court determines that you did your due diligence and could not find your spouse, they can allow you a Divorce by Notice of Order by Publication. In this case, you must publish notice of your intent to terminate your marriage in a newspaper local to your spouse’s last known address and approved by the court. You must publish the posting for at least three consecutive weeks.
If your spouse does not file a response within the three-week period, the court has the authority to grant a default divorce. Your spouse no longer has the right to respond to or contest the terms of the divorce.
It is worth noting that default judgments can be complex, as property distribution, alimony, and child support are all based on the income of both parties. However, the court can hold a hearing to determine the outcome of all of these relevant issues.
For more information and to secure skilled legal representation, reach out to an experienced attorney today.
