Facts: Wife Left for her out of state boyfriend ( much older family member on my side) She has been gone 17 months. Up to this point she has not signed divorce papers or property settlement paper work. I have our minor child (14) who wants to remain with me full time the oldest child lives with her and will be 18 next month. She has not been back to NC since she left or even tried to get her belongings.

Question: If she will not sign divorce papers what is the process involved to get my divorce without her signature. As far as her property how long must I keep it? Also given the facts how hard would it be to sue her paramour for AoA with him living out of NC? She has even admitted that they have had sex and she left me for him.


The opposing parties’ signature is not necessary for any divorce. The divorce will go through even if she ever responds to or acknowledges the complaint so long as she is served.

If you have martial property, you must file a claim for Equitable Distribution to preserve your rights to have the court distribute the martial property and debts if there is no signed Separation Agreement at the time of divorce.

If you have no jointly titled property (land, cars, a home, or joint debt). You may proceed with and action for divorce, and the property will belong to the person in whose name it is titled upon divorce.

If the paramour has not been to NC, and no part of the affair took place within this state, there is no jurisdiction for an AofA claim.