How do I go about filing for a divorce?

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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 9 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.


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