If my wife is avoiding being served, canI still get divorced?

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If my wife is avoiding being served, canI still get divorced?

I served my wife divorce papers via certified mail 30 days ago. Since then I learned that she never picked them up. I am planning to remarry in about 4 months. Does this mean that I can not get a divorce from her? We have been separated for more than 7 years. She lives in PA and I moved to NC over 18 months ago. Can this help my case? What is my next step? How long will it take?

Asked on June 28, 2011 under Family Law, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I think that it may be time for you to seek help from an attorney in your area.  If your wife is avoiding service (and honestly I am not sure that certified mail is considered proper service in North Carolina) then you may want to inquire as postponing the wedding.  If she is contesting the divorce this can go on forever.  Even though you have been separated for 7 years, some people do not like it when their spouse has moved on and is happy again.  They want to continue to make your life miserable.  And the best way to do that is to postpone your happiness by contesting the divorce. Seek help.  Good luck. 


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