‍The Ex-Files: How to get a divorce when you can’t locate your spouse

I would like to divorce my husband so I can remarry but I don’t know where he is

Question: My husband and I separated three years ago. We do not have children together and have not kept in touch since we separated. I am in a new relationship, and we are planning to get married. I would like to get a divorce from my husband so I can remarry and move on with my life. I do not know where my husband is living. I do not even know if he is in New Zealand or overseas. How can I get a divorce if I can’t locate my husband?

Answer:

What you need to know about divorce in New Zealand

In New Zealand, divorce is legally called ‘dissolving a marriage’. The Family Court can dissolve your marriage by making a dissolution order if:

• You have been living apart for two years or more; and
• At least one of you considers New Zealand your permanent home, even if you have been living overseas for some time.

There are different types of applications for divorce, these are explained in the full NZ Herald article along with how documents can be served on a spouse in person or by substituted service when they cannot be found or if they are avoiding service. You can read about all the processes and likely timeline involved in the full Ex-Files article here.

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