My spouse and I have been separated (not legally) since September 2012. I have not been able to contact him since July of 2015 when my son by another man was born. Recently I have seen that he was convicted of a violent crime in New Mexico where he had been living. He is on probation. I am wanting to know if I can send the papers to the probation office as I cannot find him to ask his address.
You have a few terms mixed up. An uncontested divorce is one were all the issues are settled ahead of time, usually with a signed property settlement agreement. If you have not seen your husband in over a year and a half you don't know if this is going to be a contested divorce or not. Second, you can file for divorce in New Jersey without his signature, however, you then must serve him with the complaint for divorce and give him 35 days to answer. There are companies who will attempt to serve a person for a fee. You can certainly attempt to get more information from the probation officer, if he is willing to talk to you. You should consult an attorney, they can review your case and give you advice on how to properly move forward. Good luck to you.
You should consult with an attorney since this problem is somewhat complex. Due Process of law requires that your husband be served with the divorce complaint. You need to make a diligent search/inquiry as to where he is. (Internet, friends, family, etc) If you make a diligent search and still cannot determine his address, the Court may allow you to publish a legal notice in a newspaper.
Once again, however, this can get a bit complicated, and you should seek the services of an attorney.
You have to serve him. But the court may permit substituted service in a case like this. An experienced divorce attorney can help you with this isssue.
Legal disclaimer: In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship.
You must serve him and if you dont know where he is you must satisfy the requirements to sign an affidavit of diligent inquiry (that you performed military search's, drivers license, political records, postal search's and the like. You can try to get his current address and then in the state he is in hire a local process server there to serve him and give you proof of service which can in turn file here with the court and THEN you can proceed on your divorce. You can also file a motion to serve by substituted service (newspaper publication). Probably easier to just find him and serve him instead of trying to circumvent the system. You have to serve him or meet the legal requirements for service. Better to hire a lawyer who knows the ins and outs of the system. Good luck.
No unless you prove all attempts at finding the party's address
DISCLAIMER This answer is provided for educational purposes only. By using or participating in this site you agree and understand that there is no attorney client privilege between you and the attorney responding. This site cannot be used as a substitute for competent legal advice from a licensed attorney that practices law in the State where this offense is charged; and, who has experience in the area of law you are asking questions about and with whom you would have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question, or in the State where this charge is filed
He will definitely need to be served but if you cannot find him to serve him personally you should be able to serve him via substituted service. The process for this is somewhat complex so I suggest you seek assistance from an attorney. Good luck!
Sign up to receive a 10-part series of useful information and legal advice about the divorce process.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline