If you live in NC and will continue to live in NC, then yes, you’ll have to wait a year and one day before you can file. You will also have to serve him with divorce papers. If you don’t know where he is, you have to make all effort to find him or last resort, serve him by public notification.

You will have to serve him with the papers, he will need to be served via certified mail, personal delivery or publication if you cannot reach him the other two ways.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

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.

my husband of 2 years walked out on me after he had cheated on me,cursed me,told me he didn’t love me then packed up and moved to missouri. I am thinking about a do it yourself divorce but will have to wait until next year to get the divorce.how will i go about doing this? he lives in missouri,will i have to contact him before i file ?