How can I divorce my ex if I don’t know where to find him?

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How can I divorce my ex if I don’t know where to find him?

I moved out of state a little over a year ago. I’m not sure where he ended up. We have been seprated for 3 years. I just want to divorce this guy.

Asked on August 6, 2012 under Family Law, North Carolina

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can file your petition for divorce in the state where you live.  You will need to serve your ex-husband with the divorce petition.  Since you don't know your ex-husband's present whereabouts, he can be served by publication.  Service by publication is running the notice of your divorce petition in the legal notices section of a newspaper for a specific period of time.  The required period of time for the notice to run to constitute effective service by publication varies from state to state.  Your court clerk can tell you how long the notice has to run in the legal notices section of the newspaper for it to be effective service by publication.  It is effective service by publication even if your ex-husband never sees the notice in the newspaper.


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