I found out unknowlingly that my husband filed for divorce. I was NEVER served papers. Not sure if he signed on my behalf here at our home. Never saw any certified mail for me. I think he intentionally interjected the service process and NEVER gave me the notice. So I had NO CLUE that I was due in court. Sounds unreal, but, I had no clue that we were seperated nor divorced. He NEVER moved out! He continued to live in our home and still does. He has NEVER vacated the premise. I thought we were still just going thru our horrible marriage. So now that I have found out, I have ordered a copy of the judgement which will take two weeks. I need help and guidance. Not sure what rights I have legally? Could the divorce decree give him our home if both our names are on the deed? Could he have sole custoday of our kids? Afraid of what I will find in this judgement. Being I didnt know, I have what I assume fraudulently filed taxes as married, purchased various insurance thru my new job and covered him as my spouse!! Is this a civil matter too? My issue may be too deep for just a forum! Any advice or guidance is appreciated.
You should obtain a copy of the entire court file so you can see how he proved service on you. Call your county’s clerk’s office to ask about the procedure for getting a copy of the entire court file, or at least what the process is to be able review the court file.
If the divorce was fraudulently obtained, you will likely need to file a Rule 60 motion for relief from the judgment so that you have the opportunity to file for equitable distribution and have the marital property equitably divided.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.