I moved to Oregon but husband lives in NC


Dear ac_graham:

Greetings. No, you do not need to return for the divorce or attend court, as long as he goes. Yes, he still has to serve you, but you can accept service of process after he files the complaint (the form is on our website). Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 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.


Hi, my husband and I want a divorce. I am helping him file the paperwork because he does not have enough money for legal help and I cannot file in Oregon for 6 months.

My question is: Will I have to fly back to NC to attend court? The divorce is uncontested. We do have a child but have agreed on child custody which will be filed at a later date.

I have completed the paper work to send to him in NC. does he still have to “Serve” me papers?