Living in NC spouse lives in NJ--flat fee divorce


#1

question… my fiance has been living in RTP since 09, and his soon to be ex wife lives in NJ. They have been legally separated since 11/2006. He is thinking about the flat fee divorce but has concerns if she does not accept the paperwork as to what he should do.

The law states that he could get an uncontested divorce even if the spouse does not want it, so how many times would your company have to serve her or what are the other options in getting the divorce?

They have adult children/no property or anything, however she has told him in the past she does not care what the law states she would not sign the papers even though they are legally separated.

Thanks!


#2

She needs to be served with the complaint for absolute divorce and summons, she doesn’t necessarily have to accept it. If your fiancee knows where she lives, then he can have her served by sheriff. Once they hand her the paperwork she has been served. She can’t contest the divorce in NC; the most she can do is contest the date of separation and claim that they have been separated for less than a year.