Spouse leaving the country

[tech_2022]

Jurisdiction

New Jersey

My wife is planning to leave the country for good with out giving me divorce. I still have time to serve her divorce papers. If she leaves the country and never returns after I serve the papers, will the court grant me divorce in her absence?
I have 3 kids, and we own a house. She doesn't want to do anything with kids or the property. I highly doubt that she would co-operate in the divorce proceedings. What are my options?

 

[adjusterjack]

I still have time to serve her divorce papers.

Then do it.

If she leaves the country and never returns after I serve the papers, will the court grant me divorce in her absence?

Probably by default.

She doesn't want to do anything with kids

You'd be entitled to child support no matter where she goes, though enforcing it might be problematic.

and we own a house.

That's a problem. Get her to sign a quitclaim deed over to you before she leaves. Since you expect lack of cooperation, you might have to pay her a significant amount of money for her signature.

 

[army judge]

If you desire a divorce, contact a NJ divorce attorney.

Your spouse can't approve or deny the divorce you seek.

The lawyer will file for the divorce and knows how to achieve what you seek, even if the other party behaves as you suggest yours is doing.

The money spent for the lawyer is well worth it in situations such as you've described.

 

[zddoodah]

My wife is planning to leave the country for good with out giving me divorce.

A divorce is not something that one can "give" or not "give." If you want a divorce, file for one. If you have reason to believe that she'll be leaving the country, do it ASAP so that you can serve her with the papers before she leaves.

If she leaves the country and never returns after I serve the papers, will the court grant me divorce in her absence?

We have no reason to think it won't.

What are my options?

Options for what? It sounds like you want some sort of long form discussion of what's involved in a divorce. You need to get off the internet and retain the services of a local divorce attorney.

 

[leslie82]

My wife is planning to leave the country for good with out giving me divorce. I still have time to serve her divorce papers. If she leaves the country and never returns after I serve the papers, will the court grant me divorce in her absence?
I have 3 kids, and we own a house. She doesn't want to do anything with kids or the property. I highly doubt that she would co-operate in the divorce proceedings. What are my options?

Yes you could get a default decree if she doesn't respond to being served or show up to court. I got a default decree because he didn't bother to respond to the papers or show up to court (and he was in the same state).

It appears default divorce happens in New Jersey: divorcenet.com/states/new_jersey/get_a_divorce_without_going_to_court

So serve her before she leaves - and if she chooses not to answer that works for you for the divorce and custody. And if she decides to leave and doesn't come back for court, that works for you too.

Look up local attorneys who offer free consultations and narrow down to pick one.