Divorce -spouse whereabouts unknown


#1

Dear James McPeak:

Greetings. 25 years … that is a long time to be married and not request a divorce. Nevertheless, my advice is that you file for divorce here in North Carolina and serve her by publication (after trying to serve her by certified mail and searching for her over the internet). Service by publication usually costs about $500.00. If you retain an attorney, which I advise that you do, you can also assume about $1,000.00 in attorney fees, maybe more if you hire an attorney that bills hourly. Finally, you would also have to pay filing fees of $90.00.

If you decide that you want to retain an attorney, any attorney in the state can help you file for divorce, so hire someone that you trust. If you don’t want to commit bigamy (which by the way is a crime in North Carolina) the surest way to ensure you are divorced, is to file for it yourself prior to the marriage. Better safe than sorry! Let us know if we can help.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.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

Hello Janet,

Thanks for your response. That complicates matters for me, I am afraid. I am 64 years old and unable to work due to a disability and those prices are way beyound my means to pay. I had run accross a do it yourself divorce kit which is supposed to be legal and I wonder if it is. I can’t seem to find her on people search on yahoo under McPeak or her name prior to that which was Crandall. I don’t seem to be able to find her in the social security death index either. Do you have any further advice?

James McPeak
1 Wesley Drive Unit F
Asheville, NC 28803

James McPeak


#3

Dear James McPeak:

Greetings. First, the forms for “do it yourself divorce” are generally okay (such as the forms on our webiste) if you are only doing the divorce portion, and not the child custody, child support, alimony, and equitable distribution portion yourself.

Your problem is not the complaint and other documents which are on our website, your problem is serving her with the complaint. Most people that have to serve a complaint by publication need an attorney. I do not know any other avenue for you, except that you will need to save up the funds. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.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.


#4

In 1979 while living in California I was married in Long Beach to a Ms. Jean Crandall. The marriage was never consumated for we found out in short while that we were not compatible at all. I left in March of that year; the marriage was March 17, 1979. Twenty Five years plus have passed and I should like to remarry sometime in the next few years. I called and found out that the marriage was a matter of record. You see, she was not trustworthy and I was not certain that the marriage was legal. I asked if there ahd been a divorce and they told me that I would have to get a case number. I’m puzzeled in that I just want to know if there is a divorce which she may have filed for and why would I need a Case Number if there was a divorce. Now I am in North Carolina living in Asheville and will not be returning to California. I am disabled and not able to pay a lot of money. What would you suggest that I do? What options are available to me? Thanks

James E. McPeak
1 Wesley Drive Unit F
Asheville, NC 28803

828-277-0517

James McPeak