Dear Angelique,
If you and your husband were separated in May 2003, and at least one of you intended the separation to be permanent, you can file for divorce 1 year and 1 day after your date of separation (whatever that date was in May 2003). Since you know where he is, you will need to serve him properly with the divorce complaint. You can either serve him by sheriff or by certified mail (which he would have to sign the green return card). If after you’ve tried those methods, and he continues to dodge service, then you may serve him by publication in a newspaper in the area of his last known address, once a week for 3 consecutive weeks. After that, you will be able to get your divorce signed by a judge.
Good luck,
Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: sstanback@rosen.com
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.