Your mother will not be able to file for divorce until the one year is up. She can sue him for alimony and try to have separation papers signed but she has to have a way to serve him.

I’m sorry she’s going through this.

If she lives in North Carolina an action for divorce cannot be filed until they have been separated for a year. If she is a dependent spouse she can bring an action for support at any time and if she cannot locate him she can serve him via publication.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

If anyone has any suggestions I’d be very appreciative. The story is my Mother has been married to this man for approx 10 years back in April he just left and hasn’t made contact since then, she knew at the time he was cheating on her. She’s on disability and is getting very close to losing her home. She has tracked him down with the use of a PI and has had an attorney supposedly “working” on divorce papers for the last 3 months, he doesn’t return calls or answer them for that matter.

I guess my question is what can be done in a situation such as this. Is there a way to proceed with a divorce with one party missing, that being in under a year. I thank you for any comments, advice, etc.

Take care