Can I Still Get a Divorce in NJ if My Spouse is Missing?

Unfortunately, not all marriages work out. However, when things get tough in your relationship, the last thing you expect is for your spouse to run away. Whether they couldn’t handle the pressure of marriage or parenthood, or simply wanted a fresh start without facing confrontation, this can be a very difficult time. Unfortunately, many assume that if they cannot locate their spouse, they cannot get married. This is far from the truth. In reality, you’ll find that it is possible to pursue a divorce even if your spouse is missing. The following blog explores what you should know about these matters and the importance of connecting with a Morris County divorce lawyer to discuss your options during these difficult times.

If My Spouse Is Missing, Can I File for Divorce?

If you wish to file for divorce but you cannot locate your spouse, understanding your legal options is critical. Generally, the first thing you must do is your due diligence. Essentially, this means you must take reasonable steps to attempt to locate your spouse. For example, you should reach out to their friends and family to inquire about their whereabouts. If they are unwilling to help or unaware of their location, you may want to consider hiring a private investigator. Additionally, you may want to look through online databases, like the post office or the Department of Motor Vehicles, to locate them.

In the event you still cannot find them, you can file a motion with the court to pursue service by publication. This allows you to publish a notice to your spouse in a newspaper near their last known address. You must publish this notice for three consecutive weeks.

What Happens if They Still Cannot Be Located?

If your spouse does not come forward despite running the publication for three straight weeks, you can reapproach the court with the evidence that you have exhausted all efforts to find your spouse to serve them divorce papers. The court will examine the evidence and, upon determining that it is sufficient, proceed with the divorce.

Generally, this will result in a default divorce. Essentially, this means that the court will examine the evidence you have provided regarding the relief you seek and issue its own determination of matters like property division or alimony. In many instances, you’ll find that the court will often grant you the terms you’ve included in your divorce petition, as your spouse is not there to dispute any of the matters at hand.

Divorce can be incredibly difficult, even when you know where your spouse is located. As such, if you are going through this process, it’s in your best interest to connect with an experienced divorce attorney with Haber Silver Russoniello & Dunn. Our team understands how frustrating these matters can be, which is why we are committed to guiding you through these difficult times. Contact us today to learn more.