Arons & Solomon Divorce Lawyers | January 8, 2026 | Divorce in Hackensack, NJ
If you’re filing for divorce in New Jersey, one of the first and most important steps in the process is serving your spouse. Service of process is the official legal procedure used to notify your spouse that a divorce case has been filed. Without properly serving the divorce papers, your case cannot move forward.
The goal of service is to make sure your spouse has a fair chance to respond. New Jersey law outlines strict rules for how this must be done, and failing to follow them correctly can result in your filing being dismissed.
What Documents Need To Be Served
When you file for divorce in New Jersey, you must provide your spouse with copies of several key documents within 60 days of the date you file your papers. These include the summons, which states that you are filing for divorce and outlines your requests (such as child custody and spousal support), as well as any additional documents required by the court.
Acceptable Methods of Service in New Jersey
Under New Jersey Court Rule 4:4-4, there are several ways to serve divorce papers. The method you may use depends on your spouse’s location and willingness to cooperate.
- Personal service: The most common and preferred method of delivery. A process server or the sheriff’s office personally delivers the papers to your spouse.
- Certified mail: If your spouse agrees to accept service by mail, you may send the documents via certified mail, return receipt requested. The court will require proof that your spouse received and signed for the papers.
- Acknowledgment of service: Your spouse may voluntarily sign a form stating they received the documents, avoiding the need for a process server.
- Alternative service: If your spouse cannot be found after reasonable efforts, you may request court approval to use alternate methods, such as publication in a local newspaper.
Whichever method is used (except when you use the sheriff’s office), proof of service must generally be filed with the court before the divorce can proceed.
What Happens if Your Spouse Avoids Service
Some spouses may try to delay the process by refusing to accept the proceedings or attempting to avoid service altogether. If this happens, you’ll need to demonstrate to the court that you made diligent efforts to locate and serve your spouse.
These efforts might include:
- Visiting your spouse’s last known address
- Checking their employment and social media
- Contacting family members and friends for updated contact information
If your spouse still cannot be found, the judge may grant permission for substituted service, such as publication as discussed above. Once approved and completed correctly, service is legally effective even if your spouse does not respond.
Next Steps in the Divorce Process After Service
Once your spouse has been served, they have 35 days to file an answer with the court. If they fail to do so, you may be able to proceed with a default divorce, which allows the judge to make decisions on issues like property division without your spouse’s participation.
However, if your spouse responds, the case will move into the negotiation or discovery phase, where both sides exchange financial and personal information to work toward a resolution.
Contact an Experienced Hackensack Divorce Lawyer at Arons & Solomon Divorce Lawyers for a Free Consultation
Divorce can be stressful in any circumstances, but it can be much more so when one party refuses to cooperate. Learning about how to serve divorce papers under New Jersey law is essential to keeping your case on track.
Contact the experienced family attorneys at Arons & Solomon Divorce Lawyers today for legal assistance. Visit our law office in Bergen County or give us a call at (201) 487-1199 to schedule a free consultation with our team.
Bergen County Law Office
1 University Plaza Dr #400, Hackensack, NJ 07601, United States