Divorce Filed

Is it possible to file for a divorce and a divorce be granted without the other party being aware or his/her involvement? I’m under the impression that you must be notified after other party has filed; especially when your whereabouts and address is known. What is the process when filing for a divorce?

The other spouse must be personally served with the divorce complaint before the absolute divorce can be granted. Personal service is effectuated by sheriff’s deputy or certified mail.

If the spouse filing the divorce complaint does not know the other spouse’s address, that spouse must use due diligence to track down the address (Google searches, obituary searches, jail/prison record searches, social media searches, contacting friends and family, etc.). If all else fails, then service by publication is acceptable. This is a legal ad in a newspaper, but there are very specific rules that must be followed for this.

Anna Ayscue

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

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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.