How do I go about filing for a divorce?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How do I go about filing for a divorce?
I have been married for 10 years; we’ve been separated for 6 and have been living in separate states since. I don’t have a way of getting in touch with him. We do have 2 kids but neither one of us have custody so I believe that in the courts eyes it’s like we don’t have any kids. There will be no custody fight. We don’t have any property or account together. I don’t know how to locate him. Does he have to be present since we have been separated for this long?
Asked on April 16, 2012 under Family Law, North Carolina
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am so sorry for your situation. You can still get divorced from your spouse but you are going to have to do what is called "due diligence" in order to find him and serve him or in order to serve him by alternative means - such as publishing in a newspaper. The court does not view the issue of the children as you do here. They do indeed exist and custody and support for them will be ordered. You are going to need legal help. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.