New Jersey Missing Spouse Divorce – Divorce by Publication

If you are unable to locate your spouse, you can still proceed with a divorce in New Jersey. It may surprise you, but many spouses lose contact with their ex-partners and achieve a divorce by publication. A missing spouse divorce, properly termed divorce by publication, involves a bit more paperwork and additional requirements compared to an uncontested divorce.

Before you move ahead with a divorce by publication in New Jersey, you must make a diligent effort to locate your spouse. Consider reaching out to relatives, previous employers, mutual acquaintances, or even sending a letter to your spouse's last known address. These efforts may assist you in finding your spouse. Once you have located your spouse, you may be able to collaborate to complete an uncontested divorce.
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In basic terms, when you file for divorce, the court mandates that you notify your spouse about the divorce proceedings. This notification allows your spouse the opportunity to formally respond via the court. In an uncontested divorce, your spouse can simply acknowledge the divorce by signing a document indicating their awareness of the proceedings, and no response is necessary since you and your spouse are in agreement on the terms of your divorce. In a contested case, your attorney will officially serve (deliver) the divorce papers to your spouse. However, when you cannot locate your spouse, the court often permits you to notify your spouse via a public announcement printed in a local newspaper. Once the publication period has elapsed, and if your spouse has not responded, you can then finalize your divorce as you would in an uncontested case.
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If you genuinely do not know the location of your spouse and wish to proceed with a divorce by publication in New Jersey, we can assist you. Please complete the form below, and one of our attorneys or paralegals will contact you to discuss your options: