Discovering that your spouse has disappeared leaves not only emotional stress but also legal uncertainty, especially when you wish to dissolve your marriage. In New Jersey, having a missing spouse does not stop the divorce process. The law provides a clear path to moving forward—even when one spouse cannot be located. Understanding what steps are required under New Jersey law can help protect your rights and bring closure despite the absence of your spouse.
What Steps Should I Take if My Spouse Is Missing?
If your spouse has vanished, New Jersey requires a good-faith, thorough search before you may proceed. You must document each step taken to locate your spouse. Actions typically include contacting last known employers, friends, relatives, and checking social media. You should also look into public records such as voter registration, motor vehicle records, postal forwarding, and military connections, if applicable.
Once these inquiries are complete, you file an Affidavit of Diligent Search with the court, showing your efforts to locate your spouse. This affidavit is essential before the court permits alternative service methods.
What Is Substituted Service or Service by Publication in New Jersey?
When you cannot serve divorce papers in person, New Jersey law allows substituted service or service by publication. After filing your affidavit showing diligent attempts, the court may authorize publication of the divorce notice in a local newspaper or a court-designated publication near your spouse’s last-known address.
This method gives your spouse constructive notice of the divorce proceedings without direct service. The publication must run as required by court rules, giving a chance for the missing spouse to respond. If they do not respond within the time allowed, the court may move forward with the divorce, often granting a default judgment.
The court must also have basic jurisdiction in order to issue binding orders like those involving child support or property division. This typically requires proper service via publication and proof that your search was genuine. When children are involved, additional procedural steps may be necessary to ensure their best interests are protected.
What Happens if My Missing Spouse Does Not Respond?
If there is no response to the published notice, the court may issue a default divorce judgment. This judgment may address the division of assets, financial responsibilities, and include provisions for child custody and support—even though the spouse is absent.
When children are involved, the court may require additional steps to safeguard their interests, such as appointing a guardian ad litem or ensuring fair support guidelines are applied. Default divorces in those cases are handled with care to ensure children receive proper consideration despite one parent’s absence.
Can I File for Divorce in New Jersey Even if I Cannot Locate My Spouse?
Yes. In New Jersey, any spouse may file for a divorce so long as one party has lived in the state for at least twelve consecutive months before filing. You may choose no-fault grounds like irreconcilable differences or separation, or pursue a fault-based ground such as desertion if fit. A missing spouse does not prevent you from dissolving the union, provided the court’s service requirements are met.
An Edison Divorce Lawyer at Thakkar Family Law Understands the Complexities of Divorce in New Jersey
For compassionate and knowledgeable legal guidance tailored to your circumstances, consider reaching out to an Edison divorce lawyer at Thakkar Family Law. Call today at 732-456-7456 or fill out our online form for a free consultation. We are located in Piscataway, NJ.