Know your rights ·

I cannot find my spouse to serve the papers

General information for New Jersey, New York and Washington, DC · Last updated

Quick answer

You cannot simply skip service. Alternative service generally requires a legally sufficient process and sometimes court permission.

Do now

Keep a dated record of reasonable lawful efforts to locate the spouse. Ask about the current requirements for a process server, substituted service, or a court-approved alternative. Explain if the spouse is abroad or in the military.

Watch for

Social-media delivery, email, or publication is not automatically valid just because another person used it. Defective service can undermine later orders.

Official sources

NJ Courts — Divorce, NY Courts — Divorce frequently asked questions, DC Courts — Divorce.

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