How to divorce when one is out of north carolina

Dear JohnDoe:

Greetings. Let’s give you an answer:

  1. It depends on why they do not engage in sex, but I would argue that it would be a divorce and not an annulment.

  2. If the person is outside North Carolina they should follow the steps in their state. Is at least one of the parties in NC? The detailed steps for North Carolina can be found on the main website. Let me know if after looking whether or not you locate the same.

  3. Yes, if you file for divorce without an attorney, you would need to come to NC.

If you don’t know where the spouse is, you are likely to need to retain an attorney to help you gain proper service. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

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.

I have the following questions:
1.If 2 people marry and never ‘sleep together’ then separate and a year later want to divorce, will this be a case of divorce or annulment?

2.How should one proceed to either divorce or do annulment (depends on answer to question 1 above) if the person is outside North Carolina? Detailed answer will be appreciated on the steps.

3.Does one have to come to NC physically, to do the divorce?
The current location of one spouse is California, the other one’s last known address is NC, but is currently unknown.