I would like to obtain a divorce but have no idea where my wife is. We have been separated for over a year, but when she left she didn’t tell me where she was going and no one knows. What can I do? Are there ways to track her down?
If you cannot locate your ex after a diligent search you may serve her by publication.
What is involved in filing by Pubblication?
Also, my wife committed adultery while we were married and I would like to prosecute her for this. Is it possible if I can’t find her?
You cannot prosecute your wife for adultery, only the state can prosecute criminal offenses.
Service by publication involves publishing an ad in the legal section of the newspaper as follows:
To serve via publication you should publish notice in the area where your ex is believed to be located, further the notice should comply substantial with the following form:
NOTICE OF SERVICE OF PROCESS BY PUBLICATION
STATE OF NORTH CAROLINA ____________ COUNTY
In the Court of General Justice, District Court Division
[ Title of Action] To: [ Person to be served]:
Take notice that a pleading seeking relief against you has been filed in the above entitled action. The nature of the relief sough is as follows [__________________].
You are required to make a defense to such pleading not later than [ _________] , and upon your failure to do so the party seeking service against you will apply to the court for the relief sought.
This the ____ day of ________ 2009,
Plaintiff name , address and signature.