I need out! quickly

Hi folks,

I have been separated from my husband for 8 years. I’ve attempted to serve him for divorce at least twice. He is nomadic, moving from place to place and changing jobs so the forms have been returned unserved. We have 3 boys aged 16,15 and 13 whom he rarely sees or calls. I want a divorce and sole custody. I also want to take the boys out of the country in June and he needs to sign for their visa which of course he refuses. What’s the quickest way I can get this before a judge?

You will have to file a court action against your husband for absolute divorce and child custody. You should include a claim for temporary child custody as well as permanent child custody. Some counties will automatically schedule a court date if there is a temporary child custody claim made, but in other counties you have to schedule it yourself.

If you cannot serve your husband by certified mail or by sheriff’s deputy and you have exercised due diligence in trying to location a current address for him, you will have to serve him by publication in a newspaper in the city/county of his last known address.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.