We filed the paper work for absolute divorce in Mecklenburg county. The sheriff was unsuccessful, certified mail was returned to us and we used service by publication it ran its course. The forty days wait will be up Friday. Is it possible for the ex to contest the divorce after the forty days is over?? Or if she tries will it not matter if she doesn’t do it within the forty days?? She just refused to give us an address so we did all we could to find one thirteen methods actually on the affidavit of due diligence. So my question is if she contests the divorce after the forty days will it be too little too late for her???
Contesting a divorce/time limit
So long as you have abided by the correct procedure for service of process by publication, and you can show that you made reasonable efforts to serve her otherwise, she cannot contest the divorce on grounds of insufficient service.