Divorce/Spouse whereabouts unknown


#1

Yes, you may serve your spouse by publication. If you have reliable information about the city or county of your spouse’s whereabouts, it would be best to publish the notice in that city or county. If not, you can publish the notice in the county where the action for absolute divorce is filed.

The rules of serving a party by publication (and the specific wording for the notice of publication) can be found in the North Carolina General Statutes; Chapter 1A; Article 2, Rule 4(j1). You can access the NC General Statutes at ncga.state.nc.us/Statutes/Statutes.asp

Robin F. Verhoeven
Attorney at Law
Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCdivorce.com
(919)787-6668

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 but a full discussion with an attorney should be undertaken before taking any action.


#2

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I have been seperated for a good 20 years with the whereabouts of my spouse being unknown. The only thing I have heard is that he is in MI. (I reside in NC)
Would I serve him notice for absolute divorce by Publication? If so, where would I publish it without knowing what city/county he is in?
And finally, is there anyway to get a copy of the acceptable notification wording for Stokes County, NC without hiring an attorney? I live on disability so money is an issue.
Thanks,
Barb