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

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