Missing spouse

Dear Sandi:

First, I am sorry to hear about your situation. You can file for divorce in North Carolina and after using due diligence to locate him, you can serve him by publication in a newspaper published in his last known location. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607

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.

My husband left the home two years ago. He filed for a legal separation, which I refused to agree to or sign due to very unfair terms in the agreement…including the denial of his son. Our son is now 17 years old. He has neglected to appear for two court appearances pertaining to paternity testing and child support. The courts said there was nothing more they could do because letters sent to him were denied and/or returned. He has abandoned us two years ago and we have not heard from him in over one year. Now, I would like to file for divorce. I want nothing from him…including no child support. I just do not want to be married to him. My problem is his whereabouts are unknown. I have good reason to believe he is no longer in NC. How do I go about divorcing him if I don’t know where is?