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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