Fortunately, you do not need your husband’s signature to get a divorce in North Carolina if you have been living separate and apart for one year and one of you intended to live separate and apart permanently. Your husband cannot prevent you from obtaining a divorce by refusing to sign any papers.
After you file the divorce complaint you may serve your husband by sending the documents to him via certified mail or have the Sheriff deliver the paperwork to him. It sounds as if he is being difficult and therefore might not sign for the certified mail at the post office if he suspects you are sending him something that way. That being the case, I would opt to have him served by the Sheriff. In the event that your husband is able to hide from the Sheriff and evade service, you can always serve him by publication (running a legal ad in a newspaper that services the area near your husband’s last known address). Thirty days after service you can request a court date for the judge to grant your divorce.
You can read more about obtaining a divorce on our website www.rosen.com. Good luck!
Robin F. Verhoeven
Attorney at Law
Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
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.