Absolute divorce without knowing

1

I! I’m a Canadian citizen who has lived in North Carolina from 2008 to 2015 under a TD visa statut with my ex husband aTN visa.After an assault made by him on July 1 2015,we separate difinitively.Because of the kind of visa that I had,I was not illigible for legal aid and because that kind of visa didn’t allowed me to worked,I didn’t have money to file a legal separation.19 September,He has plaided guilty for assault on female and received a sentence plus a 50B.From there I had no choice to moved back to my country an had to lived everything behind me.I knew that my visa will not be renewed and was issued the 14 of January 2016.I left the country only with my car and fully depress by trying having help and having any.I came back to my country and had to lived in a shelter for 3 Months.My ex husband lawyer had plan an separation agreement that both party agreed.$1000.00 alimony for 5 years and all the rest will be at the divorce.My ex husband had find someone to rent 2 rooms in to our house that someone was his girl friend wish i didn’t know. Since the begining Mr didn’t have the money to payed me my part of the house for a final agreement an divorce.I’ve decide to wait until he’s gona have the money for the final but Mr got sick and didn’t sent me my alimony (after almost 2 years of separation).He has made me an offer for the house,wish was half of what I was supposed to have and I accepted because on his E mail he said that he will not be able to made the payment for the house and loose it and by the fact that I will lose it too.I have signed all the papers and sold him my part of the house.After paying me my part of the house,I received a letter from him that sais that I was divorced since December 2016(Absolute divorce) and He had won becauce I was not there.I never received any letter that said I have to appear to the court.Mr and is lawyer had my phone number,adresse and E mail…how could that happened?? And with the letter there was another letter that said alimony,401k it’s over.WOWW,I thing that is a fraud.Do you have suggestion for me??Can I do something??

Thank you Manon
P:S sorry for my english

2

You will need to check the court file to see how your husband and his lawyer obtained service on you for the absolute divorce. Anyone that files for an absolute divorce must properly serve the other party (by sheriff’s deputy, certified mail, etc.). If the plaintiff (the person filing for the absolute divorce) cannot locate the defendant’s address and/or has attempted to serve the defendant at his/her last known address but with no success, then the plaintiff can serve the defendant by publication in the newspaper.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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