Divorce proceedings can be complicated in New Jersey when a spouse is missing, but dissolving your marriage is still possible if you adhere to specific court protocols. Please continue reading to learn how you can obtain a divorce when your spouse is absent, and why consulting our seasoned Monmouth County Divorce & Separation Attorneys from Paone Zaleski & Murphy is crucial for guidance
Can You Get a Divorce If Your Spouse is Missing in New Jersey?
In the past, for a divorce to be granted in New Jersey, both spouses had to consent to it. However, now you can file for divorce even if your spouse doesn’t agree or their whereabouts are unknown.
One of the main hurdles in divorcing a missing spouse is the service of process. Normally, divorce papers have to be formally delivered to the respondent to ensure they have been notified of the divorce action and have an opportunity to respond. When a spouse’s location is unknown, traditional service methods are impossible. In these cases, courts often allow for alternative methods of service, most frequently, “service by publication.” This entails publishing it in a newspaper or other public forum. Service by publication operates on the principle that public notice serves as a reasonable attempt to inform the missing spouse, even if they don’t personally see it.
Before the court grants service by publication, the petitioner must demonstrate their efforts to locate their spouse. This typically includes contacting relatives and friends, checking their last known whereabouts, searching public records, and checking their social media and online presences. The court must be convinced that all reasonable avenues have been exhausted before a divorce can proceed without the other spouse’s involvement.
What is a Default Divorce?
If your spouse fails to respond to divorce papers, you can pursue a “default” divorce, provided you have followed the necessary court procedures. This means asking the court to grant the divorce and implement the requested orders from the divorce petition, even with your spouse’s input. The court will approve these orders if it deems them fair and practical, given the unique circumstances. In cases involving minor children, the court will asses the children’s best interest to detemine an appropriate custody and child support arrangement.
Unfortunately, regaining custody can be a challenging process, requiring patience. If you are seeking a divorce and your spouse’s location is unknown, please don’t hesitate to contact a knowledgeable attorney from Paone Zaleski & Murphy. They can guide you through the complexities of the legal process. Reach out to our firm today to learn how we can fight for you.
