I need some help. My husband and I have been separated for 3 years now. I was military overseas in Germany for 2 of those years so I couldn't file for divorce while over there. I have been back in the US since March but have been moving around because of school. I am now out of the military and living in NC but I have only been here since October. My husband lives in South Dakota. We got married in Maine, where we are both originally from and we have 2 children together. I've asked him to file, since he has residency in SD but the papers are always "in the mail". The other problem with the situation is when I do serve him with papers to sign I don't have a place to send them. He is an over the road truck driver. He has an address in SD but it is his office. He is gone so much that he lives out of his truck. Can someone please help me? I have really waited long enough to get divorced from this man and really only want to get on with my life as soon as possible.

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Originally Posted by bethrobich

I need some help. My husband and I have been seperated for 3 years now. I was military overseas in Germany for 2 of those years so I couldn't file for divorce while over there. I have been back in the US since March but have been moving around bc of school. I am now out of the military and living in NC but I have only been here since October. My husband lives in South Dakota. We got married in Maine, where we are both originally from and we have 2 children together. I've asked him to file, since he has residency in SD but the papers are always "in the mail". The other problem with the situation is when I do serve him with papers to sign I don't have a place to send them. He is an over the road truck driver. He has an address in SD but it is his office. He is gone so much that he lives out of his truck. Can someone please help me?? I have really waited long enough to get divorced from this man and really only want to get on with my life as soon as possible.

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First, you need an Attorney. Divorce papers - usually Summons and Complaint - don't get mailed. They have to be personally served.

North Carolina has strict residency laws. Briefly - and from what I read the separation must be a legal separation -

"In North Carolina, an absolute divorce may be granted on one of two grounds: one year's separation and incurable insanity.

The "no fault" divorce statute in North Carolina provides that "marriages may be dissolved and the parties thereto divorced from the bonds of matrimony on the application of either party, if and when the husband and wife have lived separate and apart for one year, and the plaintiff or defendant in the suit for divorce has resided in the State for a period of six months." Remember that you can get an absolute divorce whether you and your spouse have resolved any of the other issues arising from your separation, such as custody, spousal and child support, or distribution of property."

North Carolina Divorce Law - the NC divorce law site