Not been with spouse for over 13 years.

[James Hamilton]

What is the name of your state?
I was married in Pa and now live in NJ.

I have not seen my wife??? for over 13years. Several years ago my parents received a phone call from her sister wanting to get in touch with me because she (my wife) wanted to move on but they did not provide her with any info. I want to obtain a divorce and I am unable to locate her or her family and for all I know I may all ready be divorced.

How can I find out if I am already divorce and/or how do I obtain a divorce when the other party cannot be found?

 

[elena77]

I think it's called ex-parte divorce, when you cannot locate your spouse

 

[elena77]

also in NJ, if you've been legally separated for 18 months or more, you can easily be granted a divorce without your spouses consent

 

[Ohiogal]

I think it's called ex-parte divorce, when you cannot locate your spouse

umm ex parte has nothing to do with divorce per se.

 

[Ohiogal]

also in NJ, if you've been legally separated for 18 months or more, you can easily be granted a divorce without your spouses consent

He would still have to serve her either by posting or publication.

 

[elena77]

"An ex parte decision is one decided by a judge without requiring all of the parties to the controversy to be present"

 

[Silverplum]

"An ex parte decision is one decided by a judge without requiring all of the parties to the controversy to be present"

You're arguing with a family-practice attorney. Guess which one of you is correct?

 

[Silverplum]

also in NJ, if you've been legally separated for 18 months or more, you can easily be granted a divorce without your spouses consent

"...without consent" is NOT AT ALL THE SAME AS "without knowledge."

 

[fairisfair]

"An ex parte decision is one decided by a judge without requiring all of the parties to the controversy to be present"

Ex parte divorces are based on the premise of the petitioner being in a foreign country. And as Silver pointed out, still requires proper notification.

http://www.divorcenet.com/states/new_jersey/foreign_country_divorce_judgments

 

[Ohiogal]

"An ex parte decision is one decided by a judge without requiring all of the parties to the controversy to be present"

And you are missing the second part of that -- it is also one in which notice does not need to be served upon the other party. A divorce requires proper notice.