Afternoon
I married my wife back then fiance via the k1 visa process and then we did the AOS and got her 2 year green card. Ever since we been married in 2017 we have always had arguments , lack of communcation , lack of affection , verbal attacks , divorce threats. I have tried to make it work for as long as i could it was just a few days thursday that my wife finally told me that she thinks she may be bisexual , the next day she says she doesnt know if shes bi or lesbian but shes figuring it out , then the next day shes not lesbian shes bi, then yesterday shes straight again. She even toldm e that her “friends” were telling her to keep pretending till she gets her citizenship. She tells me she doesnt love me anymore , im violent , im a cheater , im wicked , im immature . She has already tried doing passive threats that she needs to take our daughter if she goes back to nigeria. I am tired and can barely sleep now and want a divorce its not fair to me or my daughter that we have to wait in the sidelines for my wife to " figure out" her sexuality. Her conditional green card expires summer 2019 and i will be continueing this marriage. I know in NC one year separation is required and once you separate you have to serve your spouse by mail, sheirff , or publication. After that you can file divorce and finish the process , i also heard even if she leaves the country she can still be served in nigeria . Is there anything else im messing?
To file for an absolute divorce, you must be separated for at least one year. You are correct that after you file the complaint for absolute divorce, you have to serve your wife with the complaint. She can be served anywhere. For international service, oftentimes sending a FedEx or UPS package is a good way to obtain service on the other party because delivery of the “package” will require a signature by the other party, which you will use to prove to the court that she was property served.
If you have any marital property that needs to be divided (property acquired during the marriage except for inheritances), you must make sure that either equitable distribution (the division of marital property) is completed by the time your absolute divorce is granted or that you have an equitable distribution claim pending at the time the absolute divorce is granted. This is because once an absolute divorce is granted, you can no longer ask the courts to help divide the marital property.
Check out our article Absolute Divorce - The Details for more information on this topic.
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.
Thanks for the reply , so as i am researching it it true that as long as the compiant gets served the person also doesnt have to be at the hearing ? What if my spouse doesnt sign the compliant within 30 days?
Correct. All you need is proper service of the complaint on the defendant. It’s up to the defendant (your spouse in this case) whether or not to come to court.
There is nothing for your spouse to sign within 30 days. You must file the complaint for absolute divorce and serve your wife (by sheriff’s deputy, certified mail, or UPS/FedEx package that requires a signature upon delivery). Once she is served, then she has 30-33 days to respond (depending on how she is served) by filing an answer to the complaint. If she does not file an answer within the 30-33 days, then you can schedule the absolute divorce for a court date.
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.