Divorce and custody/ Husband is out of the United States

My husband and I are separated since August. I have filled a protective order against him since then because he was threatening me. However, he has been out of the United States since our separation because of another illegal matter and he doesn’t want to come back according to some common friends. I want to file for custody and divorce after the 12 months separation, but I am worried since he is out of the states. I want to know if I can get my divorce and full custody for our child if he is not back. During this time, the child lives with me.

You can still file for absolute divorce and child custody even if your husband is out of the country. You will need to have his address to serve him with the complaint. As long as you can properly serve him, then you can proceed with both the absolute divorce and the custody claim.

Anna Ayscue

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

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