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Deanaritch · Nov 12, 2011, 05:25 PM

I have been separated from my husband for 14 years. I have moved to a different state and I have no idea of where he is. I want a divorce as soon as possible because I am remarrying next year. What should I do?

Thanks,
Deana

Fr_Chuck · Nov 12, 2011, 05:32 PM

Sorry, I hope you don't plan on getting married, early next year.

As long as you hire an attorney it will be "easy" since he files all the papers. But it is going to cost more than if you knew where he was.
By the rules of the court, you will need to attempt to find him. If you can't, you will post in the legal section of the approved newspaper notice of the divorce hearing. Then you will have a hearing. The added cost of the search, ( the posting in newspaper can be costly) and other court and legal costs will make this cost more than a simple non contested divorce

AJAccidentProne · Nov 21, 2011, 10:43 PM

First off, a divorce would never fly. You said right off the bat that you moved to a different state. You left, not him. He would need to file first. Unless you can prove that he was a dead beat or something. I can't help much in this situation. I would need to know more about the case.

ScottGem · Nov 22, 2011, 04:43 AM

As long as you have established residence in the state you are in YOU CAN file for divorce. You will have to show the court that you have made a good faith effort to serve him with notice of the filing. Since you are not asking for anything from him, once you satisfy that requirement, you should be able to get it.

Most areas now have no-fault divorces that make it pretty easy and inexpensive. If you tell us where you live (ANY question on law needs to include your general locale as laws vary by area. ) we can point you to the requirements for filing.

Deanaritch · Dec 22, 2011, 11:57 AM

Dear ScottGem,
I live in NC. Have been here for 14 years, if you can point me in the right direction that would be wonderful. Thank you!

Fr_Chuck · Dec 22, 2011, 12:14 PM

Originally Posted by AJAccidentProne

First off, a divorce would never fly. You said right off the bat that you moved to a different state. You left, not him. He would need to file first. Unless you can prove that he was a dead beat or something. I can't help much in this situation. I would need to know more about the case.

Please don't answer if you have no idea what so ever about this. Go back and watch family court on TV more,

JudyKayTee · Dec 22, 2011, 12:31 PM

Originally Posted by AJAccidentProne

First off, a divorce would never fly. You said right off the bat that you moved to a different state. You left, not him. He would need to file first. Unless you can prove that he was a dead beat or something. I can't help much in this situation. I would need to know more about the case.

Please post your research on the "he would need to file first" theory of law.

It makes no difference if "he" is or isn't a deadbeat - "Deadbeat" is not grounds for divorce in ANY State.

Yes, I agree - you need to know more about the case (keeping in mind that there is no case) before you give "advice."

ScottGem · Dec 22, 2011, 01:18 PM

This will get you started with real information

North Carolina Divorce Law and Absolute Divorce - North Carolina Divorce Law NC Divorce Lawyer Raleigh Charlotte

Deanaritch · Jan 2, 2012, 04:17 AM

ScottGem, Thank you so much for the help. You are so very helpful. And to Fr_Chuck, I didn't leave him we left each other. He also moved to a different state from what I understand, You were not helpful at all. Sounds like you just wanted to cause drama. Thank you again ScottGem!!

ScottGem · Jan 2, 2012, 04:27 AM

Originally Posted by Deanaritch

ScottGem, Thank you soo much for the help. You are soo very helpful. And to Fr_Chuck, I didn't leave him we left each other. He also moved to a differnt state from what I understand, You were not helpful at all. Sounds like you just wanted to cause drama. Thank you again ScottGem!!!!

You are welcome, but I think you made a mistake here. It was AJAccidentProne who made the comment about leaving, NOT Fr_Chuck. Several of us challenged AJ's advise as inaccurate and not helpful. Chuck gave you good advice. You might want to acknowledge that.