Missing Spouse
Problems and delays result if you can't locate your spouse to provide notification to him/her that you've filed for divorce.
Caution: Some divorce kit sellers include a phrase such as "Spouse's signature not needed" in their advertising. A spouse served by sheriff doesn't provide a signature, but the advertising slogan is misleading because it is easy to equate with "Spouse's involvement not needed." You cannot complete a divorce without proof of service, either personal or advertised, filed with the court.
A court rule [R. 4:4-5] specifies the steps to take to have the court accept a newspaper advertisement as valid notification. This special process includes the one-time publication of the summons as a legal notice in a "newspaper of record" in your county.
If you've done a lot of searching and still can't locate your spouse, the court may allow you to "serve" your missing spouse by advertising the summons in a newspaper. To convince the court to accept an advertised summons as valid notice to your spouse on the grounds that a successful search is unlikely, you must submit detailed documentation of that search.
If you have submitted convincing documentation of a bona fide inquiry search, the court will designate a specific newspaper, and your summons must then appear once as a legal notice in that newspaper. Finally, the newspaper will provide an Affidavit of Publication, with a copy of the advertisement attached, for you to use in place of your spouse's Affidavit of Service or a process server's Proof of Service.
The search itself (what the rule calls a "diligent inquiry") can take many forms, including written forwarding address requests to postmasters, internet searches, and telephone calls to your spouse's family, friends, and work associates. You should maintain an accurate date-and-time log of every search attempt and collect physical evidence that documents your search attempts. The more specific things you can do and document, the better the chance that a judge will agree that you have done everything reasonably possible to locate your spouse.
When your search is complete, you must file with a judge a sworn certification and supporting documentation of search attempts attached.
You may want to consider using our special service to help you complete this procedure.
If you do find your spouse, you can revert to the Acknowledgment or Affidavit method of service (Step B) and avoid the extra cost and uncertainty of the publication procedure.