Can I File for Divorce without Knowing My Spouse’s Location?
Usually, when you are set to serve your spouse with divorce papers, you will either have to hire a process server or ask a sheriff’s office to do so on your behalf. With this, a process server or sheriff may have to do this service at your spouse’s home, workplace, or the address of someone legally authorized to accept service on their behalf. However, sometimes it is the case that a spouse hides from the other to avoid being served and the inevitable fate of ending their marriage. If this situation resonates with you, please continue reading to learn whether you can file for divorce in New Jersey without knowing your spouse’s location and how one of the experienced Somerset divorce lawyers at the Law Offices of Kisha M. Hebbon, LLC can help you track them down safely and dutifully.
Can I file for divorce in New Jersey without knowing my spouse’s location?
Under normal circumstances, you cannot move forward with your divorce proceedings until you track down your spouse’s location and serve them with a Complaint for Divorce. However, this is unless you can adequately prove to the New Jersey family court that you have made good faith efforts to consistently and diligently search for their whereabouts.
In other words, you must have done more than attempt to serve them at their last-known residential address. Examples of such reasonable attempts include the following:
- You contacted their last known employer, their close relatives, and/or their best friends.
- You obtained their voter registration information to confirm their last-known residential address.
- You requested information regarding their last-known residential address with the Division of Motor Vehicles.
- You conducted your own research on their active social media accounts or that of their close relatives and best friends.
What is the New Jersey court process if my spouse cannot be served divorce papers?
Unfortunately, even with your best efforts, you may still find it impossible to identify your spouse’s current or frequently visited location. With this, the New Jersey family court may direct you to file a Divorce by Notice of Order by Publication. This may require you to inform your spouse of your intent to divorce them by publishing this notice in the nearest public newspaper of your spouse’s last-known address.
Importantly, this notice must continually be published for up to three weeks. And if your spouse still has not responded after three years, you may file an Affidavit of Marshal Service with the court. Ultimately, you may proceed with a divorce by default. Here, the court may consider your requests for alimony, child support, child custody, and property division, but ultimately will give their final rulings on the matters. Rest assured, your nonresponsive spouse may still be held accountable for upholding their end of these divorce orders.
If you are unsure of the next step, turn to one of the skilled Somerset County family lawyers for guidance. Our team at the Law Offices of Kisha M. Hebbon, LLC will jump in whenever you give us the word.
