Found 50% of the answer here


#1

Dear Mialmasoul:

Greetings again. No, you cannot/should not start with the service of publication first. You must make reasonable inquiries into the address of your spouse before you can do service by publication. Worse thing that could happen is to do the publication and then, possibly have to do it again if the judge wants you to try other ways first.

The court needs you to take the reasonable steps of locating him, to ensure his rights are not violated. If that means it takes a little longer to get the divorce, the court is willing to wait. Thanks

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

Well, I found the blurb on this site about “Notice of Service of Process by Publication” My next question would be if the absent individual has “abandoned” the area, can’t I do this kind of service first? Or do I have to go through the regular process of filing, waiting 30 days to see if the Sheriff was able to serve the summons, pay a lawyer to walk me through the steps of this kind of service, and then wait another 40 days for a court date? How might this be practicable if I don’t know where the individual might be?

Mialmasoul La Morena