How to divorce from an out of state marriage


#1

Dear ncghosthunter:

Greetings. If you do not know where your husband is, you can still divorce him. You must first make an effort through certified mail and probably an internet search for him to locate him and get him served. If that does not work, then you will have to serve him by publication in the last known place that he lived. It will take some time and probably cost you around $1,000.00 plus the cost of serving by publication. 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.


#2

Ouch. $1,000 roughly? Didn’t think it would be that much.

Since there is no time rush, no property to deal over, no kids, etc…would it be best to just wait out the 7 years (3.5 years to go)and get a divorce without his signature? Or is that an urban legend I’ve heard?

I have tried internet searches - no luck. I have written him once at a friend’s house in Vegas, after 2 years - no response. Honestly, I don’t think he’s in Vegas anymore. Though, I’m not sure where he could have gone with no job and no car.

Thank you for taking the time to answer all of our questions. I know I truely appreciate it.

~Barbara


#3

Dear ncghosthunter:

Greetings. Yes, right around $1,000.00. Service by publication can be a little tricky and takes a long time.

Yes, you must be speaking about an urban legend, because it would be 15 years, and you would still need to get a divorce in North Carolina. Remember that after 10 years of marriage, your spouse can claim under your social security benefits if you earned more than they did. While you would have to check with social security to see if this would decrease your benefits, I know that I would not want a spouse that I lived with for 5 months to benefit off of me.

Now, because he is in an unknown location, you would have to serve him by publication. 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

I married in Vegas (living and working there) in Nov 1999. In March 2000 (5 months later), I left my husband due to several factors and moved here to NC. I spent the next year working and saving money for bankruptcy while I was discharged in May 2001 (Statesville bankruptcy court).

Everything that was owned during the marriage was in my maiden name, gotten just prior to the marriage, but bought on the promise of marriage and being together. Those are the items/services that ended up in the bankruptcy. Went from A1 credit to $70K bankruptcy due to him. Lost a car and a home also (repossessed).

I have not pursued a divorce from him many due to lack of funds - always thinking that it would be expensive.

There is no property, no children, no life insurance (and other similar monies), no joint accounts of any kind. I never used my married name (no driver’s license, SS card, etc). Never got the opportunity to change my name as things started going sour right away after the marriage and decided to hold off.

Question: How difficult would it be to divorce my husband. I have no clue where he is as I left him in Vegas with no address. It’s been 4 years and 7 months since I left him with no contact since. What kind of cost and time line am I looking at?

Any information would be greatly appreciated, just so I know what I need to do and such. Thank you!

~Barbara